In his decision to dismiss the case on Thursday, District Judge George Daniels threw out all of the claims against Zimmerman, Butowsky, and Fox News, saying the plaintiffs had “not adequately” backed up their claim.
The judge additionally rejected the emotional-distress claims and the accusation that Fox News itself knew that Zimmerman and private investigator/Fox contributor Rod Wheeler had a “propensity” to commit emotional distress with the piece they worked on.
“It is understandable that Plaintiffs might feel that their grief and personal loss were taken advantage of, and that the tragic death of their son was exploited for political purposes,” Daniels said. “However, a general allegation that Defendants had an ‘agreement to collaborate against’ Plaintiffs cannot form the basis for an IIED [intentional infliction of emotional distress] claim.”
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