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ARTICLE · 02 MARCH 2016

Federal Court Allows Mass Email Defamation Claim To Proceed

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The Eastern District of New York ruled late last week that a former executive's defamation claim based on an email sent to thousands of employees regarding his termination can go forward.

United StatesLitigation, Mediation & Arbitration
Duane Morris
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In a lawsuit combining the financial fallout of the decline of traditional telephone directories with the perils of mass company emails, the Eastern District of New York ruled late last week that a former executive's defamation claim based on an email sent to thousands of employees regarding his termination can go forward.

The case, McCusker v. Hibu PLC et al., which originated in Pennsylvania state court but has since been transferred to federal court in New York, involves a variety of claims by James McCusker, a former President and CEO of one of the defendants, stemming from his termination in 2013. According the Complaint (accessible here), hibu (formerly Yellowbook Inc., publisher of the Yellow Pages) suffered extended financial struggles as the Internet led to a steep decline in the profitability of traditional print directories. McCusker claims that he was terminated after he voiced dissent to strategies and conduct relating to attempts by hibu to change the

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