Joel and Mary Rich v. Fox News appeal, Seth Rich murder investigations and reporting, Appeal of Rich’s failed lawsuit almost unreported
Mueller, as a matter of determined policy, omitted key steps which any honest investigator would undertake. He did not commission any forensic examination of the DNC servers. He did not interview Bill Binney. He did not interview Julian Assange. His failure to do any of those obvious things renders his report worthless.”…Craig Murray
“Unfounded links between Clinton and the Rich killing predate the July 13, 2016, “bulletin” and coverage of it by a sketchy site called WhatDoesItMean.com. What’s more, the “hit team” story, which Sines says was repeated several weeks later, wasn’t the primary Rich-related conspiracy that gained traction.”…Washington Post July 9, 2019
“Who murdered Seth Rich and why?”…Citizen Wells
This is possibly the most unreported important news story I have ever encountered.
Joel and Mary Rich lost their lawsuit against Fox News in 2018 and on September 27, 2018 filed an appeal.
First, their lawsuit results.
From the Federalist Papers.
“Fox News Wins Seth Rich Lawsuit; Judge Dismisses
A New York City judge dismissed a lawsuit filed by the parents of murdered Democratic National Committee staffer Seth Rich on Thursday that asserted Fox News Channel colluded with the White House to propel a false, politically-biased narrative about Rich’s death.”
“It is understandable that plaintiffs might feel that their grief and personal loss were taken advantage of, and that the tragic death of their son was exploited for political purposes,” but Fox evidently did not intend to inflict emotional distress, Judge George Daniels wrote in his decision.”
“Daniels also dismissed a second and separate lawsuit brought forth by Rod Wheeler, a private detective who was also a Fox News contributor and hired by the Rich family to investigate their son’s death. In it, Wheeler accused Fox News and Zimmerman of misrepresenting his analysis of Rich’s death in their story, and Butowsky of defaming him on Twitter after the story was published, according to reports by The New York Times.
“My investigation up to this point shows there was some degree of email exchange between Seth Rich and WikiLeaks,” Wheeler was quoted in the Fox News article.”
From Jennifer Taub, law professor and author.
“NEW: I just attended oral argument for the appeal brought by Seth Rich’s parents against Fox News
The Riches sued Fox for intentional inflection of emotional distress. This case is related to a conspiracy theory broadcast by Fox News that in 2016 Seth, a DNC staffer, had leaked DNC emails to WikiLeaks prior to being shot and killed”
At oral argument today, Judge Calabresi told Rich’s counsel Arun Subramanian “You have to convince us that this is outrageous to the parents. .not to the son. The defamation case died with the son.” Also that the propensity for parents’ vulnerability and defendants’ awareness
Judge Calabresi suggested that the outrageous conduct here involved interfering with the parents’ investigation including by planting a person from Fox News (Wheeler) to pretend he was working solely for them “
Judge Calabresi interrupted and said that if Seth Rich were in a coma, then couldn’t a defamation suit brought by Seth proceed regardless of first amendment claims. And then also, couldn’t this separate cause of action be brought by parents?
Judge Calabresi added that the only question then would be whether New York recognizes this separate cause of action — whether there was “outrageous conduct” by Fox with respect to the parents
Attorney Terry says New York Court of Appeals has rejected claims for intentional infliction of emotional distress with more outrageous facts (Note that NY CT App is the highest court in the state of New York and though this case is in federal court, New York law applies)”
Attorney Terry returned to the main argument he is making on behalf of Fox News “a defamation claim cannot be restyle as an intentional infliction of emotional distress case.” He also said, that the conduct should not be recognized as outrageous as a matter of law
Terry said that NY courts have dismissed intentional infliction of emotional distress cases e.g where reporters told rape victims their names would not be published then publishing them. He said that wasn’t treated as outrageous conduct, so this should not
Terry added that Seth’s parent must also prove that Fox’s conduct was INTENDED to cause them harm
Judge Calabresi said that in order to prove intent, “wrecklessness” would suffice. He also suggested that perhaps given this “odd situation” the 2nd circuit could certify to the NY Court of Appeals this question of whether these facts amounted to “outrageous conduct.””
It would be nice to have the appeal outcome stated explicitly.
If anyone has this reference, please supply as a comment.
By inference and the fact that it has not been shouted from the rooftops by the fake news media, it could be assumed that the outcome did not favor the Rich Family.