COCKRAM v. Genesco, Inc.
680 F.3d 1046
| 8th Cir. | 2012Background
- Cockram sued Genesco after Genesco's public statements about a racial-slur incident on a return receipt damaged her reputation.
- Cockram unwittingly selected a name containing a racial slur from a store database when processing a merchandise return.
- Genesco issued a first statement blaming a former employee and then a clarifying statement several days later.
- Cockram was fired by Genesco on October 20, 2008 and faced threats and reputational harm after the statements.
- District court dismissed Cockram’s false light claim and granted summary judgment on the defamation claim; on appeal, the false light dismissal is affirmed and defamation is reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Genesco’s statements were false so as to support defamation | Cockram argues statements mischaracterized her actions | Genesco contends statements were true or substantially true | Fact issue on falsity; genuine dispute |
| Whether Cockram was a limited-purpose public figure | Cockram claimed private figure status | Genesco contends public figure analysis applies | Cockram is a private figure |
| Whether Genesco published with requisite fault | Cockram allowed reasonable inference of fault | Genesco argues absence of malice or knowledge of falsity | Genuine issues of material fact on fault remain |
| Whether Cockram proved actual damages to reputation | Evidence of threats, online comments, and reputational impact | Damages indistinguishable from broader media coverage | Jury could apportion damages to actionable statements; not summary judgment |
| Whether Missouri recognizes a false light claim here | False light independent tort | Missouri does not recognize false light when based on defamation | False light claim barred under Missouri law |
Key Cases Cited
- Gertz v. Robert Welch, Inc., 418 U.S. 323 (U.S. 1974) (limits public-figure defamation standard; private figures require negligence)
- Sullivan v. Pulitzer Broadcasting Co., 709 S.W.2d 475 (Mo. 1986) (false light not recognized as separate tort; risk with defamation)
- Nazeri v. Missouri Valley College, 860 S.W.2d 303 (Mo. 1993) (recovery for false statements causing reputational harm is defamation)
- Kenney v. Wal-Mart Stores, Inc., 100 S.W.3d 809 (Mo. 2003) (damages causation and apportionment in defamation)
- Kenney v. Wal-Mart Stores, Inc., 100 S.W.3d 809 (Mo. 2003) (defamation damages proof and causation guidance)