Ex-CEO of Florida Hospital Wins Round in $30M Libel Case Against CNN
The panel rejected arguments by CNN that Georgia's anti-SLAPP statute mandated the dismissal of a defamation lawsuit.
December 14, 2018 at 02:38 PM
4 minute read
The original version of this story was published on Daily Report
The U.S. Court of Appeals for the Eleventh Circuit has rejected an appeal by CNN to dismiss a libel case over the cable network's 2015 investigation of infant deaths at a Florida hospital.
The opinion, penned by Judge William Pryor, rejected CNN's contention that a pending federal defamation case against the network should be thrown out under Georgia's anti-SLAPP law. The unanimous opinion also dismissed CNN's petition to overturn U.S. District Senior Judge Orinda Evans's 2017 decision not to dismiss the case.
The panel included Judge Gerald Tjoflat and U.S. District Judge Stephen Murphy of the Eastern District of Michigan.
Anti-SLAPP statutes originally were intended to limit the use of SLAPP, or Strategic Lawsuits Against Public Participation, lawsuits intended to curtail citizen protests of zoning changes sought by developers. But, because anti-SLAPP laws are couched in constitutional free speech principles, media outlets have begun turning to anti-SLAPP statutes as grounds to dismiss pending defamation claims.
The result has been a growing split among the nation's circuit courts over whether the heightened standards to pursue litigation set by anti-SLAPP laws can be used by media outlets to defend themselves from libel and defamation claims.
Evans refused to dismiss a lawsuit in February 2017 brought by Davide Carbone, the former CEO of St. Mary's Medical Center in West Palm Beach, Florida, over a 2015 CNN investigation titled “Secret Deaths: CNN Finds High Surgical Death Rate for Children at a Florida Hospital.” The investigation asserted that St. Mary's mortality rate for pediatric cardiac surgery was three times the national average—statistics that Carbone claimed were a misleading “manipulation” of the numbers that ultimately cost him his job and reputation.
Evans found that Carbone lawyers L. Lin Wood of L. Lin Wood Law, partner Jonathan Grunberg, and Stacey Evans of Atlanta's Wargo French had presented enough evidence to suggest that CNN “was acting recklessly with regard to the accuracy of its reporting.”
St. Mary's pediatric cardiac surgery program shut down and Carbone was force to resign in the wake of CNN's reports. Carbone is seeking $30 million in damages from CNN.
On Friday, Wood called the Eleventh Circuit opinion a big win.
“In recent years, anti-SLAPP statutes have been abused by media defendants in defamation cases to impose demanding standards of proof at an early stage of litigation while denying plaintiffs the development of a full factual record through discovery,” he said.
CNN lead counsel Charles Tobin of Ballard Spahr in Washington, D.C., could not be reached for comment by telephone or email. David Vigilante, senior vice president of legal for CNN, also could not be reached.
Georgia's anti-SLAPP statute requires that, for a defamation case to go forward, a plaintiff must demonstrate prior to any discovery that they are likely to prevail. That mandate sets up a conflict with rules of the federal judiciary that govern the adjudication of pending civil cases, Pryor wrote.
Federal rules, “express with unmistakable clarity that proof of probability of success on the merits is not required in federal courts to avoid pretrial dismissal, and that the evidentiary sufficiency of a claim should not be tested before discovery,” Pryor continued. “But the relevant provisions of the Georgia anti-SLAPP statute explicitly require proof of a probability of success on the merits without the benefit of discovery. The result is a 'direct collision' between the federal rules and the motion-to-strike provision of the Georgia statute.”
The judiciary's rules give a plaintiff “a right to proceed to trial if he proves the existence of a genuine dispute of material fact,” Pryor said. “The anti-SLAPP statute would nullify that entitlement by requiring the plaintiff to prove that it is likely, and not merely possible, that a reasonable jury would find in his favor and to do so while relying exclusively on evidence he was able to obtain without discovery.”
Pryor noted that CNN relied on conflicting decisions in other circuits, including the First and the Ninth, to promote their argument that a state anti-SLAPP law trumped federal rules. But Pryor suggested some of those decisions assume state anti-SLAPP statutes apply in federal court with virtually no analysis.
“We are not persuaded by the reasoning of these decisions,” he said.
Pryor also noted that Thursday's opinion “is a pure question of law that we may resolve without touching on the legal or factual merits of Carbone's complaint.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRogge Dunn Represents Florida Trucking Firm in Civil RICO Suit Against Worldwide Express
4 minute readStep 1 for Successful Negotiators: Believe in Yourself
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250