The U.S. Court of Appeals for the Second Circuit and the U.S. District Court for the Southern District of New York. Photo: Ken Lund

A Manhattan-based federal appeals court has revived a suit against Fox News Network by the parents of Seth Rich, a Democratic National Committee staffer whose murder touched off a conspiracy theory that eventually amounted to a "campaign of emotional torture" against the family, according to their complaint.

A three-judge panel of the appeals court ruled Friday that Joel and Mary Rich could proceed with intentional infliction of emotional distress claims against the network, a reporter and a frequent guest and political operative, who were responsible for publishing a retracted story that linked their son to DNC data published by WikiLeaks.

In a 28-page opinion, the court said it had "no trouble," construing the facts in the best light for plaintiffs, in concluding that actions taken by Fox News and its employees following the murder of Seth Rich during a botched robbery in 2016 could qualify as the type of "extreme and outrageous" conduct needed to to support the claims.

According to the lawsuit, Fox News commentator Ed Butowsky and investigative reporter Malia Zimmerman hatched a plan in 2016 to hire a private detective to investigate Seth's death. The Riches claimed that Zimmerman, who wrote the story, then used the detective as a source to advance a "sham" account that the 27-year-old staffer had given the leaked emails to Wikileaks.

Fox News pulled the story a week later, saying that it did not meet its editorial standards, but some conservatives and Fox News guests cited and discussed the report for months.

Rich family members claimed in the suit that the ordeal had caused them to experience symptoms of post-traumatic stress disorder and social anxiety.

U.S. District Judge George B. Daniels of the Southern District of New York dismissed the case last August, saying that while it was "understandable" that the Riches felt taken advantage of, the individual allegations in the did not meet the standard for an IIED claim.

According the the ruling, Daniels had explained that "zero times 10 is still zero … [You can] not just simply say, well, these things by themselves are not outrageous, but when I put them all together, they become outrageous."

Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit, however, said that the defendants knew the Riches were in an emotionally vulnerable state and that the allegations "taken together" were sufficient to allow the suit to continue.

"Zimmerman and Butowsky had enough specific knowledge of the family and the circumstances surrounding Seth's murder to be keenly aware of the Riches' susceptibility to emotional distress," Calabresi wrote.

In a statement, Joel and Mary Rich said they "appreciate the appellate court's ruling and look forward to continuing to pursue justice."

"We would not wish what we have experienced upon any other parent—anywhere," they said.

The Riches' lead attorney Arun Subramanian said he was "grateful for the opportunity to proceed on behalf of his clients.

Fox News, in its own statement, said that, "while we extend the Rich family our deepest condolences for their loss, we believe that discovery will demonstrate that FOX News did not engage in conduct that will support the Riches' claims. We will be evaluating our next legal steps."

Butowsky, who represented himself on appeal, disputed the facts alleged in the Riches' lawsuit, saying that he had only offered to pay for a private attorney if the family wanted to hire one.

"There is nothing in Joel and Mary Rich's lawsuit that's true," he said when reached by phone on Friday. "They're all lies."

The ruling also revived a claim for tortious interference and gave the Riches a chance to amend claims for negligent supervision or retention by Fox News.

The Riches were represented on appeal by Arun Subramanian and Elisha Barron of Susman Godfrey in New York and Leonard A. Gail, Eli Kay‐Oliphant and Suyash Agrawal of Massey & Gail in Chicago.

Zimmerman and Fox News are represented by Joseph M. Terry, Kevin T. Baine, Katherine Moran Meeks and Katherine A. Petti of Williams & Connolly in Washington, D.C., and David H. Stern and Katherine M. Wyman of Dechert in Los Angeles.

Butowsky, who was initially represented by David B. Harrison and Jason C. Spiro of Spiro Harrison in New Jersey, said he would continue pro se as the case moves back to the lower court.