United States Second Circuit

In an action for breach of contract (and related New York Labor Law violations), defamation, and tortious interference with prospective business relations, based on the termination of plaintiff's employment by defendant as an entertainment reporter, correspondent, and anchor, the dismissal of the complaint is affirmed in part where the complaint failed entirely to describe any third party with whom plaintiff had prospective business relations to be interfered with. However, the order is vacated in part where: 1) the district court improperly considered an e-mail not incorporated into the complaint; and 2) plaintiff was entitled to show that the "negative characterization" presented on the website "is coupled with a clear but false implication that the author is privy to facts about the person that are unknown to the general reader."

Appellate Information

• Decided 10/07/2010
• Published 10/07/2010

Judges

• MINER, Circuit Judge

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Scott B. Gilly, Julie Rikelman