United States First Circuit

In a matter brought by former employee against defendant FedEx following his termination, grant of FedEx's motion for judgment as a matter of law on the slander and libel claims is affirmed where: 1) the evidence introduced in support of the slander claim "does not rise to more than informal rumors" circulating among employees, for which FedEx cannot be held liable; and 2) there was sufficient evidence to support liability for libel. Case is remanded for new trial on damages for the libel claim where admission of irrelevant evidence tainted the jury's damage calculation and that taint was not cured by remittitur. Denial of defendant's motion for judgment as a matter of law on the intentional infliction of emotional distress claim is reversed where former employee-plaintiff did not introduce any evidence suggesting that a subsequent employer or potential employer treated him adversely as a result of the defamatory statements made by FedEx.

Appellate Information

• Decided 08/20/2008
• Published 08/20/2008

Judges

• LIPEZ, Circuit Judge., Before LIPEZ and HOWARD, Circuit Judges, and SMITH, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Sandra C. Isom, with whom Carl Schuster, Mariela Rexach-Rexach, and Schuster Aguilo LLP were on brief, for appellants.


• For Appellees:
  
• Joseph D. Steinfield, with whom Laurie F. Rubin, Prince, Lobel, Glovsky & Tye, LLP, and Vilma Maria Dapena were on brief, for appellees.