Civil Procedure Keyed to Cross
Browning v. Clinton
Plaintiff, Dolly Browning, contends that she has had a long friendship and extramarital affair with former President Clinton, Defendant. Plaintiff wrote a “semi-autobiographical novel,” where she elaborated on the affair. Plaintiff asserts that she obtained encouragement from an editor. Nonetheless, after, Plaintiff’s brother, Defendant’s brother, and a Deputy White House Counsel started to threaten her to stop her from publishing the novel. Plaintiff claims that Defendant apologized to her, and Plaintiff’s sister negotiated an agreement with Defendant, regarding what Plaintiff was permitted to write. Plaintiff hired a literary agent and obtained media attention. Nonetheless, Plaintiff did not get publication offers and was not able to sell the rights. The New Yorker published an article, which had statements by a publisher that the company stated it would never publish Plaintiff’s book because it was not up to the company’s standards. Plaintiff sued Defendant, two lawyers, an aide,The New Yorker, and its writer (collectively known as “Defendants”) for eight claims under both federal and common law, involving disparagement of property. To support her claim, Plaintiff amended the complaint to include a statement stating the publication of The New Yorker article caused her to be unable to sell her novel. Thus, Plaintiff contends she experienced damages resulting from the marketing and business costs, loss of goodwill, emotional distress, and mental distress. Defendants filed a motion to dismiss alleging Plaintiff has failed to state a claim. Thereafter, the district court dismissed the case with prejudice, and Browning appealed.
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