Finally, CNN looks like they are about to lose a major case where they went too far and destroyed a man’s reputation.
Davide Carbone sued CNN in 2015 for running a report that was not accurate which cost him his job as CEO and has further hurt him moving forward. CNN has had this case wrapped up hoping a judge would rule in their favor. Well, that time is not now and the 11th Circuit Court of Appeals agrees with Carbone.
The Eleventh Circuit Court of Appeals said in a ruling late last week that Davide Carbone‘s lawsuit can move forward, as CNN’s attempt to strike was based on a state law that clearly conflicts with federal rules.
Carbone claims that CNN’s 2015 report on St. Mary’s Medical Center in West Palm Beach, Florida falsely stated that mortality rates in pediatric cardiac procedures were three times that of the national average. Carbone, who was the CEO of St. Mary’s, alleges that CNN incorrectly compared the hospital’s 12.5 percent rate in infant open-heart surgeries with what they said was a 3.3 percent national average, even though that national figure really represented “the national rate for all surgeries,” not just open-heart, which is inherently riskier. To put this in perspective, Carbone claims that St. Mary’s true rate for that is just 5.4 percent.
Carbone claims that as a result of CNN’s reporting, he was forced to resign from his position as CEO, and the hospital put an end to its pediatric cardiology program.
CNN is trying to use Georgia’s anti-SLAPP (Strategic Lawsuit Against Public Participation) statute to strike Carbone’s case. The cable network already failed to have the case dismissed at the federal district court level in 2017, but they appealed to the Eleventh Circuit. They did not fare any better.
Source: Law and Crime
The lawsuit is Davide Carbone v. Cable News Network, and this should make it easier to sue the media. Judge William Pryor, who was once floated as a possible Supreme Court nominee, wrote the opinion. He claims: “The result is a ‘direct collision’ between the Federal Rules and the motion-to-strike provision of the Georgia statute.”
Pryor also stated that CNN claimed Federal Rules “establish only minimum requirements,” and state law can add to that, but Pryor wasn’t born on the other side of the mountain.
CNN will probably start watching what they say in future because the floodgates could open with this decision.
The lawsuit will now travel back to the district level according to Law and Crime.
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