Marriage Privilege Nixes Email Defamation

New York law does not make an exception for spousal communications made via electronic media in its clear articulation that communication from one spouse to another may not be considered publication for the purposes of a defamation claim, the U.S. District Court for the Southern District of New York held April 9 (Medcalf v. Walsh, S.D.N.Y., 1:12-cv-05091-PAE, 4/9/13).

Plaintiff sued her former employer and his wife for defamation, among other causes of action, after discovering emails between the spouses questioning plaintiff’s postpartum depression and care of her infant. The emails were accessed as part of her routine ...