Browning v. Clinton

Dolly Browning (plaintiff) claimed a long affair with former President Clinton (defendant) and wrote a semi-autobiographical novel about it; she alleged she was threatened by Clinton's associates against publishing, later received an apology and a negotiated agreement about what she could say, hired a literary agent, and got media attention, but ultimately received no publication offers. After The New Yorker published an article quoting a publisher saying the company would never publish Browning's book because it wasn't up to their standards, Browning sued Clinton, several associates, The New Yorker, and its writer (defendants) for eight claims including disparagement of property, alleging she was unable to sell the book and suffered marketing and business-expense damages, lost goodwill, and emotional distress as a result. The defendants moved to dismiss under FRCP 12(b)(6); the district court dismissed with prejudice, and Browning appealed.