United States Second Circuit

In an action for libel and intentional infliction of emotional distress based on news reports stating that plaintiff, a criminal defendant, was to cooperate with prosecutors, dismissal of the complaint is affirmed where the statement reporting that plaintiff planned to cooperate with authorities was not defamatory as a matter of law.

Appellate Information

• Decided 11/25/2009
• Published 11/25/2009

Judges

• DENNIS JACOBS, Chief Judge:, Before:  JACOBS, Chief Judge, KEARSE, Circuit Judge, and GARDEPHE, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Shemtov Michtavi, White Deer, PA, pro se, for Appellant.


• For Appellees:
  
• Marion Bachrach, Dana Moskowitz, DePetris & Bachrach, LLP, New York, NY;  Laura R. Handman, Davis Wright Tremaine LLP, Washington, DC;  Anne B. Carroll, Deputy General Counsel, Daily News, L.P., New York, NY, for Appellees.