From John Ross’s Volokh Report summary of federal court news:
Allegation: After a Democratic National Committee staffer is murdered in D.C., Fox News promulgates conspiracy theory that he was rubbed out for leaking DNC emails. Prior to running the story, reporters persuade the staffer’s parents to retain a private investigator (a recently hired Fox contributor) whose statements lent credibility to the sham story. Second Circuit: The parents can sue Fox and the reporters for intentional infliction of emotional distress.
I think this restored lawsuit which Seth Rich’s parents filed against Fox News, et al., is really big news but during a time when, every day, there are five or six really big news breaks, this one hasn’t gotten a lot of attention.
The trial should. After all, it’s against Fox and will be a New York jury.
And I note that the Southern District Federal Court judge, George Daniels, who dismissed this complaint originally, was the same judge whose decision to dismiss the emoluments complaint against Trump was also overturned and remanded just this week, by a different Second Circuit panel.
Judge George Daniels is not having a good day in chambers. And his future calendar is now crowded with two enormous cases he originally rejected. Because that’s what “remand” means: handing it back to the guy who dismissed it. Hm.
Now I wonder whether the emoluments plaintiffs — among whom are CREW, a/k/a Citizens for Responsibility and Ethics in Washington — will ask for a different judge. Same question about Seth Rich’s parents in their lawsuit against Fox.
I don’t know the facts about such things. I do dimly recall one case in which the judge to whom the case was remanded showed some hostility to the plaintiffs both in his original dismissal and, sort of sulkily, when he had to try the case. (The judge was reputed to be Rudy Giuliani’s BFF.)
I do remember the percentage of federal cases which get overturned and remanded on appeal is very, very low. It used to be 12 percent or so. Don’t know if it still is but whatever the number, both Seth Rich’s parents and CREW won huge victories in the Second Circuit.