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153635P.pdf   04/18/2017  Jon Couzens, Jr.  v.  William Donohue
   U.S. Court of Appeals Case No:  15-3635
   U.S. District Court for the Western District of Missouri - Kansas City   
[PUBLISHED] [Wollman, Author, with Riley and Kelly, Circuit Judges] Civil case - Torts. Defendants removed this action alleging defamation, invasion of privacy, intentional infliction of emotional distress and other torts based on claims defendants published false information about plaintiff after he publicly alleged he was sexually abused by Catholic priests; the district court did not err in denying plaintiff's motion to remand the matter to Missouri state court as two defendants were fraudulently joined to defeat diversity; defendant KCCL sufficiently consented to removal under the facts presented; the district court did not err in dismissing the defamation action as time-barred under New York law, which must be applied under Missouri's borrowing statute; defamation is the proper remedy under Missouri law for plaintiff's false light invasion of privacy claim, and the district court did not err in dismissing the false light claim; plaintiff failed to state a claim for intentional infliction of emotional distress because the only offending conduct was defamation; nor did he state a claim for negligent infliction of emotional distress. Judge Kelly, concurring.