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Fox's dismissal of defamation and intentional infliction of emotional distress claims brought by former employee affirmed by D.C. Circuit

March 2021

Client(s) Fox News Network LLC

Jones Day successfully represented Fox News and its CEO, Suzanne Scott, in an action brought by a former employee alleging defamation and intentional infliction of emotional distress claims in federal court in the District of Columbia. Plaintiff-Appellant Laura Luhn, a former Fox News employee who was allegedly sexually harassed by former CEO Roger Ailes, brought claims against the new CEO of Fox News, Suzanne Scott. Luhn claimed that Scott "defamed" her by giving an interview to the Los Angeles Times in which Scott said she did not have any personal knowledge of Ailes's alleged wrongdoing and wanted to do everything she could to heal the place. After Fox pointed out a fatal flaw in Luhn's argument--namely that by saying she did not know what happened, Scott could not have possibly been accusing Luhn of lying about what happened--Luhn amended the complaint. The amended complaint, which claimed that Scott's statements somehow implied that Luhn lied about the misconduct or lied about Scott's supposed involvement in a "cover-up" of the alleged misconduct, fared no better.

Luhn v. Scott et al., No. 19-7146 (D.C. Cir.); Luhn v. Scott, et al., No. 1-19-cv-01180 (D.D.C.)

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