United States First Circuit

In a diversity action brought against a national fraternity wherein plaintiff claimed that its members intentionally caused him emotional distress by publishing adverse information about his past history in local newspapers, summary judgment for fraternity-defendant is affirmed where: 1) plaintiff qualified as a public official which subjected him to the actual malice standard for an emotional distress claim in the libel context; and 2) while plaintiff contested the accuracy of the information published against him, he failed to prove that the information included a false statement of fact.

Appellate Information

• Decided 06/13/2008
• Published 06/13/2008

Judges

• TORRUELLA, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and STAHL, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Bernard J. Kubetz, with whom Michael R. Clisham and Eaton Peabody were on brief, for appellant.


• For Appellees:
  
• Catherine R. Connors, with whom Peter W. Culley, Eric J. Wycoff, and Pierce Atwood LLP were on brief, for appellee.