Rich v. Fox News Network, LLC, No. 18-2321 (2d Cir. 2019)Annotate this Case
Plaintiffs appealed the district court's dismissal of their state tort claims against defendants, alleging intentional infliction of emotional distress, tortious interference with contract, and negligent supervision or retention. Plaintiffs' claims stemmed from the actions of Fox News employees after their son, Seth Rich, was murdered during a botched robbery. A Fox News Reporter, Malia Zimmerman, and a Fox News commentator, Ed Butowsky, recruited a contributor to infiltrate the Rich family in order to find information to give credence to a conspiracy theory that Seth had leaked DNC emails to WikiLeaks and was assassinated for doing so.
Applying de novo review, the Second Circuit held that the allegations in the complaint sufficiently stated a claim for intentional or reckless "extreme and outrageous" conduct against the Riches on the part of defendants; the complaint plausibly alleged that defendants tortiously interfered with the contract between the Riches and the contributor, who the Riches hired as a private investigator to look into the circumstances of Seth's death; and an amended complaint could likely cure any defect in plaintiffs' claim of negligent supervision or retention regarding the employment relationship between Fox News and Zimmerman and Wheeler. The court vacated and remanded for further proceedings.