A divided New York federal appeals court rejected on Thursday a defamation lawsuit that former U.S. Rep. Devin Nunes brought against CNN.
In a 2-to-1 ruling, the 2nd U.S. Circuit Court of Appeals in Manhattan upheld a lower-court judge’s decision last year to toss out the lawsuit.
The California Republican who left his seat in Congress to lead former President Donald Trump's social media company had alleged CNN intentionally published a false news article in November 2019 and engaged in a conspiracy against him to damage his reputation. He sought over $435 million in damages.
Nunes claimed the cable news company published a report containing false claims that Nunes was involved in efforts to get “dirt” on then-Democratic presidential candidate Joe Biden and his son, Hunter Biden.
In February 2021, Judge Laura Taylor Swain dismissed the lawsuit, saying the case was governed by California law, which requires that a retraction be demanded in writing within 20 days of the publication of a story.
CNN lawyers said in court papers that Nunes in a “rush to sue” overlooked the need to first request a retraction.
Two 2nd Circuit judges agreed Thursday that California law governed Nunes' claims and that he “undisputedly failed to comply with that statute.” Circuit Judge Steven J. Menashi wrote in a dissent that California law should not be relied upon because Nunes didn't suffer the greatest reputational injury there.
In court papers, lawyers for Nunes said CNN knew the statements...
A front-page article with the byline of veteran New York Times opinion writer Nicholas Kristof is the latest poisonous example of what I call the NGO “halo effect.” Headlined “The Silence That Mee...