Fox News is again asking a New York federal judge to dismiss a lawsuit filed against the network by the parents of murdered DNC staffer Seth Rich
after an appeals court revived the dispute last fall. , along with as well as reporter Malia Zimmerman and guest Ed Butowsky, for intentional infliction of emotional distress and tortious interference. They claim a story that linked their son to internal DNC emails that were published by WikiLeaks was part of a scheme between Butowsky and former homicide detective Rod Wheeler.
But, in September, the 2nd Circuit Court of Appeals revived the matter. It found the parents' distress to be separate from any hypothetical harm to their late son's reputation, and that Zimmerman and Butowsky "had enough specific knowledge of the family and the circumstances surrounding Seth’s murder to be keenly aware of the Riches’ susceptibility to emotional distress." It also reopened the door for the Riches to argue Fox News caused Wheeler to breach his NDA.
The network also argues that it can't be held vicariously liable for any intentional infliction of emotional distress inflicted by Wheeler or Butowsky because they're not employees. The claim for conspiracy to inflict emotional distress fails too, Fox argues, because it's redundant and because the Riches failed to plead that the parties intentionally participated in the conspiracy.
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