Federal choose scraps criticism in opposition to CNN for defamation of Nunes
The judge found that Nunes’ lawsuit did not meet certain filing criteria and also did not meet the court’s standards.
A federal judge has dismissed a lawsuit brought against CNN by California MP Devin Nunes.
According to The Associated Press, Rep. Nunes – a Republican – had filed for damages of over $ 435 million. In his complaint, Nunes alleged that CNN attempted to tarnish his personal and professional reputation by claiming he was part of a conspiracy to “tarnish” then-presidential candidate Joe Biden and his son Hunter.
Nunes, The AP says, either tried to contact or meet with a Ukrainian prosecutor to find out whether Hunter Biden profited from corruption while at Burisma in Ukraine.
But Nunes says that CNN’s story was blatantly wrong and deliberately misrepresented its actions.
However, U.S. District Judge Laura Taylor was unwilling to hear Nunes’ case.
While Taylor did not rule on the merits of Nunes’ claim, she noted that the Republican had not taken the right steps to proceed with his lawsuit. For example, Nunes did not promptly prompt CNN to withdraw or amend the article. Under California law, anyone who believes a news agency has published false, potentially defamatory information must request a revocation by a specified date.
“The California Civil Code limits a defamation plaintiff’s recovery to special damage, unless the plaintiff expressly requests a written revocation within a short period of time,” wrote Taylor.
CNN logo. Image via Flickr / User: mohamedn. (CCA-BY-2.0).
“The notification and request must be served within 20 days of knowledge of the publication or broadcast of the statements alleged to be defamatory.”
Taylor noted that Nunes filed a complaint and aired a segment months after CNN published the allegedly defamatory article.
Interestingly, neither Nunes nor his lawyers have filed a revocation request for CNN.
In his filing, Nunes tried to argue that his claim was outside the jurisdiction of California. While Nunes had asked that his case be considered under Virginia or Washington, DC law, Taylor submitted him to California law instead.
Judge Taylor also stated that Nunes’ lawsuit was insufficiently worded to go to court.
“The [amended complaint]”Taylor said,” does not plausibly argue that the plausible has suffered particular harm, and therefore does not give any defamation claim on which relief can be granted. “
CNN lawyers had previously alleged in court documents that Nunes’ claims were politically motivated and had no solid legal basis.
“Rather than rejecting the report before it was released, Rep. Nunes waited for it to appear and then filed this lawsuit to seek more than $ 435 million in damages. CNN has been labeled the ‘mother of fake news’,” the wrote CNN lawyers. “However, in his rush to file a lawsuit, Rep. Nunes overlooked the need to request a revocation first.”
The judge denies Rep. Nunes’ libel suit against CNN
The judge denies the defamation lawsuit of Rep. Devin Nunes against CNN