COOK V. WINFREY 975 F.Supp. 1045 (1997) CASE BRIEF

COOK V. WINFREY

975 F.Supp. 1045 (1997)

NATURE OF THE CASE: Winfrey (D) filed a motion to dismiss Cook's (P) lawsuit against D alleging defamation per se, defamation per quod, tortious interference with prospective economic advantage, tortious interference with a contract, and intentional infliction of emotional distress.

FACTS: P is a resident of Columbus, Ohio. D is a television talk-show host living in Chicago. P and D had a relationship in the past, during which time P asserts that he and D used cocaine on a regular basis. P was in contact with several media organizations with regard to publishing articles pertaining to his relationship with D. During this time, D made statements both publicly and privately to third-persons concerning their relationship and drug use. P asserts that D made statements indicating that he was a liar, that he could not be trusted or believed, that he would be sorry if he told anybody else his story, and that they had never had a prior relationship. D allegedly made similar statements in the National Enquirer of February 18, 1997. Due to the statements made by D, P's opportunity to market his story was interfered with and he was prevented from entering into an agreement with any outlet to sell his story. P filed a complaint against D and subsequently filed an amended complaint which contained claims of defamation per se, defamation per quod, tortious interference with prospective economic advantage, tortious interference with contract, and intentional infliction of emotional distress. D filed the motion to dismiss. P alleges that D defamed him while he was living in Ohio by allegedly stating that he was a 'liar' in the National Enquirer.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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