Judge dismisses Devin Nunes’ lawsuit against CNN. Here’s why
A federal judge dismissed Rep. Devin Nunes’ defamation lawsuit against CNN Friday, saying the congressman failed to request a retraction before filing a lawsuit.
A California law says those suing for defamation must first request a retraction in order to be eligible to claim certain damages. Judge Laura Taylor Swain, of the U.S. District Court in the Southern District of New York, ruled that California law does apply in this case.
That means Nunes would have had to send “a written notice specifying the statements claimed to be libelous and demanding that those statements be corrected.” That notice “must be served within 20 days after knowledge of the publication or broadcast of the statements claimed to be libelous.”
Nunes filed a lawsuit against CNN in December 2019, alleging the broadcast network published a “demonstrably false hit piece” when it reported a claim that Nunes had traveled to Vienna to meet with Ukrainian officials digging up political dirt on President Joe Biden. CNN reported that Nunes refused to speak with them. He released photos when he sued the company showing he was not in Vienna at the time CNN’s source said he traveled there.
Nunes’ lawyer, Steven Biss, did not say in arguments that Nunes had requested a retraction from CNN, but argued that the California law should not apply in this case. Swain dismissed Biss’ arguments.
Since Nunes did not request the retraction within the time period, that means he’s only eligible to request “special damages,” the Swain wrote in her decision. Nunes’s complaint said he “suffered presumed damages and actual damages, including, but not limited to, insult, pain, embarrassment, humiliation, mental suffering, injury to his reputation, special damages, costs, and other out-of-pocket expenses, in the sum of $435,000,000, or such greater amount as is determined by the Jury.”
But Nunes only mentioned general hurt he suffered because of the article, and no specific damages that would fall under the definition of “special damages,” Swain wrote.
“Nor do such general allegations explain what the damages comprise or how they are calculated, denying both (CNN) and the Court information as to the substance of the complaint,” Swain said.
She also dismissed Nunes’ claims of conspiracy, saying he had failed to establish a defamation claim on which to base any conspiracy.
The lawsuit against CNN was one of nine lawsuits that Nunes has filed in the past two years.
Judges have also dismissed his lawsuits against Twitter, Republican strategist Liz Mair, The Washington Post and Ryan Lizza, a journalist who wrote about Nunes for Esquire Magazine. Nunes has either re-filed or appealed in those cases. Nunes has dropped suits against constituents in his district and McClatchy, the owner of the largest newspaper in his district, The Fresno Bee.
The other lawsuits are still pending.
This story was originally published February 19, 2021 at 3:48 PM with the headline "Judge dismisses Devin Nunes’ lawsuit against CNN. Here’s why."
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