Shay v. Walters
2012 U.S. App. LEXIS 25843
| 1st Cir. | 2012Background
- Nancy Shay sues Barbara Walters in Massachusetts federal court for claims arising from her 1983 Wykeham Rise expulsion.
- Walters’ daughter Jackie attended Wykeham Rise; Nancy and Jackie were friends and were suspended for being found arm-in-arm in Nancy's bed.
- After expulsion, Nancy alleges Walters told her not to speak, warning she would ruin both her own name and Jackie’s.
- Nancy was expelled while Jackie remained; Nancy allegedly suffered depression, substance abuse, and long-term emotional instability.
- In 2008 Walters published Audition, including Chapter 38 referencing a Wykeham Rise friend named Nancy and insinuating misconduct.
- Nancy filed three counts: tortious interference, defamation, and negligent infliction of emotional distress; Walters removed to federal court on diversity grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Tortious interference time bar | Shay argues tolling should apply due to late discovery. | Walters contends statute runs from injury notice; tolling not warranted. | Tortious interference claim time-barred; tolling rejected. |
| Defamation element sufficiency | Audition statements were defamatory to Nancy. | Statements not reasonably defamatory; limited audience; not actionable. | Defamation claim not plausible; statements not defamatory and fault not shown. |
| Defamation fault standard | Plaintiff alleged ill-will and malice. | Allegations are conclusory; no facts showing fault. | Plaintiff failed to plead plausible fault; claim fails. |
| Relation to emotional distress claim | NDIED arises from defamation. | Hustler/Falwell principle bars derivative emotional distress after defamation failure. | NDIED claim dismissed as derivative of failed defamation claim. |
Key Cases Cited
- Ravnikar v. Bogojavlensky, 782 N.E.2d 508 (Mass. 2003) (defamation elements and fault required)
- Amrak Prods., Inc. v. Morton, 410 F.3d 69 (1st Cir. 2005) (defamation plausibility standard; two-step analysis)
- Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (U.S. 1988) (constitutional limit on emotional distress claims from defamation)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (plausibility standard for pleading claims)
- Grajales v. P.R. Ports Auth., 682 F.3d 40 (1st Cir. 2012) (two-step plausibility review for Rule 12(b)(6)-type motions)