Last week, the Second Circuit vacated a decision by Judge Daniels that dismissed a suit against Fox News by the family of DNC staffer Seth Rich (see our coverage of that decision here).  The complaint alleged that Fox News and two contributors intentionally exploited the murder of DNC staffer Seth Rich during the 2016 election season.  According to the complaint,  Rich was murdered in Washington in what authorities believed was a botched robbery; Fox News then allegedly reported a false story that Rich had been murdered after leaking thousands of DNC emails to Wikileaks.

According to the Second Circuit, the family members had plausibly plead their claims against the network for intentional infliction of emotional distress:
Continue Reading Second Circuit Revives Suit Against Fox News for “Campaign of Emotional Torture” Against Family of Murdered DNC Staffer

Yesterday, Judge Daniels dismissed a complaint filed by the family of murdered DNC staffer Seth Rich against Fox News, which alleged that Fox News and two contributors intentionally exploited the murder of DNC staffer Seth Rich during the 2016 election season.  According to the complaint,  Rich was murdered in Washington in what authorities believed was a botched robbery; Fox News then allegedly reported a false story that Rich had been murdered after leaking thousands of DNC emails to Wikileaks (see our complete coverage here).

According to Judge Daniels, while the statements by a Fox News contributor may have been false, they did not rise to the level of “outrageous” conduct required for intentional infliction of emotion distress:
Continue Reading Judge Daniels Dismisses Case Against Fox News Over Alleged Conspiracy Theories for DNC Staffer’s Death