Document Type


Publication Date



Plaintiff-appellant Claudia DiFolco ("DiFolco") appeals from so much of an order entered on March 30, 2007, in the United States District Court for the Southern District of New York (Preska, Ch. J.), as dismissed, for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6), her causes of action for breach of contract (and related New York Labor Law violations), defamation, and tortious interference with prospective business relations. The causes of action pleaded arose out of DiFolco's employment by defendant-appellee MSNBC L.L.C. ("MSNBC") as an entertainment reporter, correspondent, and anchor. Defendant-appellee Rick Kaplan ("Kaplan") was President of MSNBC and defendant-appellee Scott Leon ("Leon") was an Executive Producer at MSNBC.[1]

In dismissing the causes of action, the District Court determined, inter alia, that: DiFolco repudiated her contract with MSNBC and therefore could not prevail on her breach of contract or New York Labor Law claims; two of the three defamation claims were barred by the defense of truth, and the third consisted of non-actionable opinion; and the tortious interference claim failed for reliance on the defamation claims as the wrongful acts giving rise to it. See DiFolco v. MSNBC Cable, No. 06 Civ. 4728(LAP), 2007 WL 959085, at *3-4, 5, 8 (S.D.N.Y. March 30, 2007). For the reasons that follow, we affirm in part, vacate in part, and remand in part as to so much of the order of the District Court as is the subject of this appeal.


622 F.3d 104 (2010)

Claudia DiFOLCO, Plaintiff-Appellant,


MSNBC CABLE L.L.C., Rick Kaplan, and Scott Leon, Defendants-Appellees,

v. Cassandra Brownstein, Defendant.[*]

Docket No. 09-2821-cv. United States Court of Appeals, Second Circuit.

Submitted: May 6, 2010.

Decided: October 7, 2010.

New York Law School location: FIle # 3920, Box #155