United States Second Circuit

An employer who sends e-mail that is eventually forwarded to other employees, stating that employee was fired for defrauding the company, may face employee claims of defamation for libel per se. The court may not substitute its judgment for the jury's finding that plaintiff's accusation of fraud was neither substantially true and that the employer exhibited constitutional actual malice sufficient to overcome defendant's qualified privilege claim.

Appellate Information

• Argued 04/18/2000
• Decided 02/14/2001
• Published 02/14/2001

Judges

• POOLER, Circuit Judge:, Before WALKER, Chief Judge, POOLER and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Debra L. Raskin (Vladeck, Waldman, Elias & Engelhard, P.C.), New York, NY, for plaintiff-appellant.


• For Appellees:
  
• Christopher M. Mason (Nixon Peabody LLP), New York, NY, for defendant-appellee.