BOYD v. NATIONWIDE MUT. INS. CO.

No. 99-7578.

208 F.3d 406 (2000)

Thomas BOYD, Plaintiff-Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant-Appellee,

United States Court of Appeals, Second Circuit.

Decided: March 24, 2000.


Attorney(s) appearing for the Case

Raymond Nardo, Mineola, New York, for Plaintiff-Appellant.

Eric F. Leon, Kirkland & Ellis, New York, New York, for Defendant-Appellee.

Before: POOLER, VAN GRAAFEILAND, and NEWMAN, Circuit Judges.


POOLER, Circuit Judge:

We decide here whether the plaintiff-employee in a defamation lawsuit against his employer may proceed to discovery even though the defendant-employer has a qualified privilege to share evidence of the employee's wrongdoing with law enforcement. We do so where the employer failed to first verify objective matters entirely within its control. It is well settled that a defendant's failure to investigate before making defamatory statements does...

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