55 A.3d 212
R.I.2012Background
- Burke sued Gregg, Providence Journal Co., Yorke, Citadel, and others for libel/slander and contract theories related to a March 2009 article and Yorke’s on-air remarks.
- The Murphy’s Law Luncheon was an annual, private event where guests roasted attendees; in 2009 an off-the-record rule was imposed on press attending.
- Gregg wrote the article attributing and defending the off-the-record rule to Burke and Murphy, which Yorke later criticized on his radio show.
- Burke contends Yorke’s broadcast defamed him and damaged contractual relationships with Citadel through advertising, while Food & Beverage Corp. and BOEA assert related contract/intentional-interference claims.
- Lower court dismissed several counts under Rule 12(b)(6); the Supreme Court granted partial relief and remanded for a hearing on one count.
- All claims against Gregg and the Providence Journal were dismissed; claims against Yorke and Citadel were dismissed except for a remanded count 5 (breach of contract) to be heard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gregg/Providence Journal’s article is defamatory | Burke’s reputation damaged by false insinuations | Article’s context renders it non-defamatory | Defamatory claim dismissed |
| Whether Yorke/Citadel publication liability for defamation stands | Yorke’s remarks relied on Gregg’s article and harmed Burke | Protected opinion based on disclosed facts; not defamatory | Claims dismissed |
| Whether the contract/intentional interference counts survive | Yorke/Citadel breached/ interfered with prospective relations | No causal link or intentional acts shown | Counts 5 remanded; count 6 dismissed |
| Whether count 6 adequately pleads causation of interference with prospective contracts | Defamation damages caused business loss interference | Conjectural and lacks specific relationships | Dismissed |
| Whether the case should be remanded for count 5 | Citadel’s breach of contract claim merits full consideration | Count 5 not fully decided below | Remanded for hearing on count 5 |
Key Cases Cited
- Marcil v. Kells, 936 A.2d 208 (R.I. 2007) (defamation elements; context of publication matters)
- Reid v. Providence Journal Co., 20 R.I. 120 (R.I. 1897) (defamation by publication; context rule)
- Healey v. New England Newspapers, Inc., 520 A.2d 147 (R.I. 1987) (opinion vs. fact-based defamation; republication rule)
- Gertz v. Robert Welch, Inc., 418 U.S. 323 (U.S. 1974) (no such thing as false ideas; opinion protection)
- Beattie v. Fleet National Bank, 746 A.2d 717 (R.I. 2000) (disclosure of facts affects interpretation of opinion)
- Alves v. Hometown Newspapers, Inc., 857 A.2d 743 (R.I. 2004) (defamation burden; standard of fault)
- Della Posta v. Rand Express Freight Lines, Inc., 86 R.I. 148 (R.I. 1957) (ambiguous statement remedy; jury vs. court)
- From v. Yellow Cab Co., 380 F.Supp. 1314 (W.D. Pa. 1974) (non-defamatory language; context matters)