Schiavone Construction Co. v. Time Inc‪.‬

In this appeal from a dismissal of plaintiff-appellants complaint under Rule 2(b)(6) of the Federal Rules of Civil Procedure, we are asked to decide whether the complaint made out a sufficient claim for relief against Time, Inc. under New Jersey defamation law. Because we conclude that the district court erred in determining that New Jerseys fair report privilege barred plaintiff-appellants claim as a matter of law, we reverse the judgment of the district court, 569 F. Supp. 614, and remand for further factual proceedings.