Can a false publication concerning a deceased person support a claim for intentional infliction of emotional distress?
California, United States of America
The following excerpt is from Fellows v. National Enquirer, Inc., 228 Cal.Rptr. 215, 42 Cal.3d 234, 57 A.L.R.4th 223, 721 P.2d 97 (Cal. 1986):
[721 P.2d 104] In Flynn v. Higham (1983) 149 Cal.App.3d 677, 197 Cal.Rptr. 145, the same Court of Appeal that decided the instant case considered whether a [42 Cal.3d 245] false publication concerning a deceased person, barred if brought as a libel action, would support a claim for intentional infliction of emotional distress. The court held that "to allow an independent cause of action for the intentional infliction of emotional distress, based on the same acts which would not support a defamation action, would allow plaintiffs to do indirectly what they could not do directly. It would also render meaningless any defense of truth or privilege." (149 Cal.App.3d at p. 682, 197 Cal.Rptr. 145.)
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