Carole Lieberman, Dr. v. Geoffrey N. Fieger Fieger, Fieger & Schwartz

Dr. Carole Lieberman appeals the dismissal of her complaint for defamation, fraud, and intentional infliction of emotional distress. We affirm.

I

In March 1995, Scott Amedure revealed his secret crush on Jonathan Schmitz on the Jenny Jones show. Three days later, after finding a suggestive note on his door, Schmitz purchased a shotgun and killed Amedure. In a highly publicized trial, the defense team primarily argued diminished capacity, and the jury found Schmitz guilty of second degree murder rather than first degree murder. At a subsequent hearing to determine reimbursement from the county for expenses, defense attorney James Burdick argued that Lieberman’s expert witness testimony played an important role in the jury’s determination that Schmitz lacked specific intent and thus was not guilty of first degree murder. The court denied the request to authorize funding, including $24,512 for Dr. Lieberman.

In preparation for the subsequent wrongful death suit brought against Schmitz and the Jenny Jones show by Amedure’s family, Geoffrey Fieger’s firm contacted Lieberman, who had substantial contact with Schmitz during preparations for the criminal trial. Fieger’s firm…