## Facts

- Seth Rich, a Democratic National Committee staffer, was shot and killed in Washington, D.C. in July 2016; police concluded the killing resulted from a botched robbery.
- Online conspiracy theories later claimed Seth Rich leaked DNC emails to WikiLeaks and was killed for doing so.
- Seth Rich’s parents (Joel and Mary Rich) alleged that a Fox News reporter (Malia Zimmerman) and a Fox News commentator (Ed Butowsky) sought to move the conspiracy theory into mainstream media.
- The parents alleged Zimmerman and Butowsky recruited a private investigator and Fox News contributor (Rod Wheeler) to gain access to the family and validate the story.
- The parents hired Wheeler to investigate their son’s death; Butowsky allegedly agreed to pay Wheeler’s fees.
- The parents’ contract with Wheeler allegedly barred him from speaking to the press on their behalf without consent.
- The complaint alleged Wheeler coordinated with Zimmerman and Butowsky to publish a story, despite the contractual restriction.
- Fox News published an article and broadcast segments in May 2017 asserting Seth Rich leaked emails to WikiLeaks and suggesting the parents supported that theory, citing Wheeler.
- The parents alleged defendants knowingly disseminated false accusations, exploited the parents’ vulnerability, and intended (or recklessly disregarded) the resulting emotional harm.
- Fox News later retracted the story, after widespread publicity and alleged emotional distress.

## Issues

1. Whether the complaint plausibly alleged “extreme and outrageous” conduct sufficient for intentional infliction of emotional distress under New York law.
2. Whether the complaint plausibly alleged tortious interference with contract by inducing Wheeler to breach his agreement with the parents.
3. Whether dismissal with prejudice was improper because amendment could cure defects in the negligent supervision or retention claim against Fox News.

## Decision

- The Second Circuit vacated the dismissal and remanded for further proceedings.
- The court held the complaint plausibly stated claims for intentional infliction of emotional distress and tortious interference with contract sufficient to survive a Rule 12(b)(6) motion.
- The court held amendment could cure defects in the negligent supervision or retention claim, making dismissal with prejudice improper.

## Legal Principles

- Under New York law, intentional infliction of emotional distress requires conduct so extreme and outrageous as to exceed all bounds of decency; at the pleading stage, targeted deception and exploitation of vulnerable plaintiffs, coupled with alleged knowing falsity and intent or recklessness as to harm, can satisfy plausibility.
- A claim for tortious interference with contract may be stated by alleging a valid contract, defendants’ knowledge of it, intentional procurement of a third party’s breach, and resulting damages.
- Leave to amend should not be denied where the pleaded facts suggest defects in a claim (such as negligent supervision or retention) could be remedied through amendment.

## Conclusion

The Second Circuit held the parents plausibly alleged that defendants orchestrated a deceptive campaign to use the family’s investigator relationship to lend credibility to a story they allegedly knew was false, supporting claims for intentional infliction of emotional distress and tortious interference with contract, and requiring remand with an opportunity to amend negligent supervision or retention allegations.


Rich v. Fox News Network, LLC, 939 F.3d 112 (2d Cir. 2019)