Seth Rich case against Fox News dismissed by federal judge
A judge in the Southern District of New York dismissed a lawsuit against Fox News by parents of murdered Democratic National Committee employee Seth Rich, ruling that though they might feel the death of their son had been exploited for political reasons, they had failed to prove intentional infliction of emotional distress. Joel and Mary Rich had filed suit against Fox News, Fox News reporter Malia Zimmerman, and private investigator Rod Wheeler, claiming that the defendants had conspired to inflict emotional distress by collaborating on and publishing an untrue story about their son.
Zimmerman published a story in May 2017 claiming that Seth Rich was killed for leaking emails to WikiLeaks. Fox News later retracted the article, but Rich's death was still discussed on the network.
Rich's parents argued that Zimmerman collaborated with Texas businessman Ed Butowsky to develop the story. Wheeler, also a Fox News contributor, was quoted in the article saying that WikiLeaks had been in contact with Rich before his murder. Wheeler claims the quotes attributed to him were fabricated and filed a defamation suit against Fox News.
Police suspect that Rich was killed in a botched robbery.
Rich's parents argued that the publication of the article and the continued public speculation about his murder had caused them severe emotional distress.
However, Judge George B. Daniels ruled that the case failed to prove extreme emotional distress under New York state law, as "defamatory statements to news outlets 'fall well short of meeting the high standards for extreme and outrageous conduct.'" They would have had to prove more extreme and persistent distress under the law.
"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," Daniels wrote in his decision. "However, a general allegation that defendants had an 'agreement to collaborate against' plaintiffs cannot form the basis" of an emotional distress claim.
Rich remains the center of a conspiracy theory about his death, which has been a common talking point by prominent right-wing commentators like Sean Hannity and Laura Ingraham.
A separate defamation lawsuit against Fox News, Zimmerman and Butowsky filed by Wheeler was also dismissed by the judge.