Han Ye Lee v. Colorado Times, Inc.

Judge DAILEY

concurring in part and dissenting in part.

I concur in that part of the majority's decision reversing the trial court's summary judgment on Lee's defamation claim.

I dissent, however, from that part of the majority's decision holding that the trial court also erred in dismissing Lee's outrageous conduct claim. As more fully explained below, unlike the majority, I would (1) consider the timing and content of defendants' retraction in determining whether their conduct was outrageous, and (2) under the totality of the cireumstances, conclude that defendants' conduct was not…