The Court of Federal Appeals (Lewis F. Powell Courthouse) and the skyline of Richmond, Virginia. Credit: Acroterion via Wikimedia Commons 4th Circuit Holds Ex-Coal Baron and Political Candidate Failed to Show 'Malice' in Defamation Suit
"Some of the statements may have been the product of carelessness and substandard journalistic methods," stated Chief Judge Roger L. Gregory. "But at the end of the day, the record does not contain evidence that the commentators and journalists responsible for the statements were anything more than confused about how to describe a person who served a year in prison for a federal offense."
February 22, 2023 at 01:43 PM
5 minute read
The U.S. Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of a claim brought by Don Blankenship—former CEO of one of the United States' largest coal companies and ex-candidate for U.S. Senate—in which he accused various media outlets of defamation when they mislabeled him a "felon" following his misdemeanor conspiracy conviction.
Blankenship is the former CEO of Massey Energy Company and was at the helm of the company in 2010 when a mine explosion at the Upper Big Branch Mine killed 29 miners, according to the opinion. Blankenship was convicted of conspiracy claims related to his effort to cover up internal mine safety violations. While he was not held liable for the 29 people who died in the explosion, the incident spurred the investigation which led to the eventual conviction.
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