Doe v. Kipnis & HarperCollins

Defendants have replied to plaintiff's brief in opposition to defendant's motion to dismiss.  My guess is Doe's claims for publication of private facts and intentional infliction of emotional distress will both be dismissed; the argument on the defamation point seems stronger here than in the original motion to dismiss, emphasizing the absence of pleading specific false statements of facts (plaintiff's case would be more clear cut if Kipnis had written, "Doe is a liar," but as far as I can recall, Kipnis did not say anything so concrete).  If the court shares the worry, plaintiff will probably get leave to amend its pleadings.  I still find the "opinion" argument puzzling.  "It's my opinion that Doe is a liar" is still defamatory if Doe is not.