CNN TANKS !
Judge Throws Out CNN’s Attempt To Dismiss $30 Million “Fake News” Lawsuit
February 19, 2017
A Georgia court has thrown out CNN’s effort to dismiss a court case in which Davide Carbone, CEO of St. Mary’s Medical Center in West Palm Beach, accused the media giant of fabricating a story against his institution.
According to LawNewz.com, Carbone said CNN aired “a series of false and defamatory news reports” insinuating that St. Mary’s had an infant mortality rate that was three times higher than the national average.
He also accused the media giant of purposely ignoring information that would make St. Mary’s look good in an effort to produce a sensational story.
Carbone – who lost his job as a result of the reporting – filed a libel lawsuit against CNN seeking $30 million in damages. CNN attempted to have that suit dismissed – an effort that Federal District Judge Orinda Evans cut short last week.
According to the National Law Journal, Evans found that Carbone “has presented enough evidence at this early stage of the case to suggest that CNN ‘was acting recklessly with regard to the accuracy of its reporting.’”
She also found evidence of “actual malice” in the fact that CNN continued to insist that St. Mary’s had been subject to an official investigation, even after Florida’s Agency for Health Care Administration denied this.
Carbone’s lawyer describes the ruling as a major victory.
“False and defamatory accusations against real people have serious consequences,” he said. “Neither St. Mary’s or Mr. Carbone did anything to deserve being the objects of the heinous accusation that they harmed or put babies and young children at risk for profit.”
“The ruling,” he added, “serves as a well-reasoned reminder that the media, its defense lawyers and its lobbyists do not have a corner on the market of correct interpretation and application of the First Amendment.”
This case will proceed and ultimately be faced by a jury.
I think that is what is known as presenting 'alternate facts'. They had facts that they could have cited but chose not to. Those facts were alternate ones.