No. 23-1633

THOMAS C. FRANCHINI,

Plaintiff, Appellant,

v.

BANGOR PUBLISHING CO., INC., d/b/a/ Bangor Daily News; MEG HASKELL; EDWARD MURPHY; GANNETT COMPANY, INC., d/b/a USA Today; DONOVAN SLACK; INVESTOR'S BUSINESS DAILY, INC., d/b/a Investor's Business Daily; MTM ACQUISITION, INC., d/b/a Portland Press Herald and SALLY PIPES,

Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE

[Hon. George Z. Singal, U.S. District Judge]

Before

Lynch, Circuit Judge, and Saris, District Judge.

 Judge Torruella heard oral argument in Franchini v. Investor's Bus. Daily, Inc., No. 19-1389, 2024 WL 229053 (1st Cir. Jan. 17, 2024), an interlocutory appeal in this case, and participated in the initial semble thereafter. His death on October 26, 2020, ended his involvement in this case. The remaining two panelists issued this opinion pursuant to 28 U.S.C. § 46(d).  Of the