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Reason
Reason
Eugene Volokh

Default Judgment in Libel Case: No More "Lucy and the Football"

From Judge Carlton Reeves' decision today in Andreacchio v. Yax (S.D. Miss.):

Plaintiff Rae Andreacchio is the mother of Christian Andreacchio, a young man who allegedly "died under suspicious circumstances" in 2014. She resides in Lauderdale County, Mississippi, where she is a mental health service provider.

Defendant Karen Yax is a "prominent social media figure" known to her followers as "The Critical Kay." She operates a webcast where she discusses "real-crime stories." She is a resident of Michigan.

On March 21 and April 11, 2021, Yax discussed Christian Andreacchio's death on her webcast. Yax stated that Rae Andreacchio has "really dominated the narrative about this case via intimidation, bullying, outright lies … , bribery, getting people drunk, [and] getting young people drunk," among other claims. Yax also stated, "I really do believe that Hayes [Mitchell, a different patient,] was treated by Rae, and Hayes is now dead with a drug overdose …. He's dead also by self-harm. So, she has a son that is dead by self-harm. And she has a patient who is dead by self-harm."

Andreacchio contends that these statements "leave[] the false impression that [she] had somehow caused—or contributed—to their deaths." Andreacchio adds that these statements have "defamed or painted [her] in a false light, thereby causing her to suffer injury to her reputation and/or emotional damage." Accordingly, she filed this suit against Yax on June 4, 2021, alleging defamation and false light invasion of privacy.

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