No. 20-981

Fidelis Agbapuruonwu v. NBC Subsidiary (WRC-TV), LLC, dba NBC4 Washington, et al.

Lower Court: Fourth Circuit
Docketed: 2021-01-25
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure civil-rights defamation due-process federal-pleading-standards malice malice-standard media-defendant pleading-requirements private-individual qualified-privilege
Key Terms:
ERISA FirstAmendment Jurisdiction JusticiabilityDoctri
Latest Conference: 2021-02-19
Question Presented (from Petition)

1. Whether Twombly and Iqbal require heightened factual pleading of allegations of malice in a common law defamation complaint brought by a private individual against a media defendant, beyond the requirement of F.R.Civ.P. 9(b) that "[m]alice . . . may be alleged generally"?

2. Whether a private individual bringing a common-law defamation claim in federal court based on diversity jurisdiction is entitled to discovery to adduce evidence of malice for the purpose of overcoming a qualified privilege?

Question Presented (AI Summary)

Whether Twombly and Iqbal require heightened factual pleading of allegations of malice in a common law defamation complaint brought by a private individual against a media defendant, beyond the requirement of F.R.Civ.P. 9(b) that '[m]alice . .. may be alleged generally?

Docket Entries

2021-02-22
Petition DENIED.
2021-01-27
DISTRIBUTED for Conference of 2/19/2021.
2021-01-26
Waiver of right of respondent NBC Subsidiary (WRC-TV), LLC, et al. to respond filed.
2021-01-15
Petition for a writ of certiorari filed. (Response due February 24, 2021)

Attorneys

Fidelis Agbapuruonwu
Joshua Harry ErlichThe Erlich Law Office, PLLC, Petitioner
NBC Subsidiary (WRC-TV), LLC, et al.
Jay Ward BrownBallard Spahr LLP, Respondent