ContractsProf Blog

Editor: Jeremy Telman
Valparaiso University Law School

Monday, October 11, 2010

Second CIrcuit Oveturns Dismissal in DiFolco v. MSNBC

A The U.S. Court of Appeals for the Second Circuit has ruled in favor of former MSNBC entertainment reporter Claudia DiFolco (left) in her breach of contract action against the network.  The decision is DiFolco v. MSNBC Cable, L.L.C., No. 09-2821-CV, 2010 U.S. App. LEXIS 20739 (2d Cir., Oct. 7, 2010).

A Manhattan district judge tossed the case for failure to state a claim, ruling that DiFolco had resigned her job and therefore could not complain of breach of contract.  In dismissing the case, the district judge relied on several emails that were referred to in the complaint, although not included in the pleadings.  Construing New York law, Senior Judge Roger Minor held that considering the emails on a motion to dismiss was proper, but disagreed that the emails showed conclusively that she had resigned.

A specimen of DiFolco's reporting on the Obama Inauguration parties is on YouTube.


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