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US CNN Wins a Round Against Devin Nunes in Federal Court Over Defamation Lawsuit

03:07  23 may  2020
03:07  23 may  2020 Source:   lawandcrime.com

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Devin Nunes filed a defamation lawsuit against CNN in federal court on Tuesday in which he is seeking 5,350,000 in damages. CNN tried several times to contact Nunes about the report prior to publication but the congressman has refused to speak with the network or any of its reporters

READ: Devin Nunes ' defamation lawsuit against Twitter, users who criticized him. Nunes named Republican strategist Liz Mair and two other parody accounts -- Devin Nunes ' Mom Nunes pointed to several tweets that he said falsely accused him of federal crimes and includes vulgar language.

Cable News Network, Inc. (CNN) won a minor court battle against Rep. Devin Nunes (R-Calif.) on Friday. The network successfully moved to have Nunes’s defamation lawsuit transferred from a Virginia federal court to a much closer venue in New York City.

Devin Nunes wearing a suit and tie smiling and looking at the camera: WASHINGTON, DC - MARCH 28: House Select Committee on Intelligence ranking member Devin Nunes (R-CA) attends a hearing concerning 2016 Russian interference tactics in the U.S. elections, in the Rayburn House Office Building, March 28, 2019 in Washington, DC. Every Republican on the committee signed a letter on Thursday demanding that committee Chairman Adam Schiff (D-CA) step down as chairman. (Photo by Drew Angerer/Getty Images) © Provided by Law & Crime WASHINGTON, DC - MARCH 28: House Select Committee on Intelligence ranking member Devin Nunes (R-CA) attends a hearing concerning 2016 Russian interference tactics in the U.S. elections, in the Rayburn House Office Building, March 28, 2019 in Washington, DC. Every Republican on the committee signed a letter on Thursday demanding that committee Chairman Adam Schiff (D-CA) step down as chairman. (Photo by Drew Angerer/Getty Images)

The court initially notes a few structural oddities with Nunes’s filing that support their ultimate conclusion.

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Devin Nunes , R-Calif., discussed his 5 million defamation lawsuit against CNN in an interview The lawsuit includes a tweet sent by MSNBC justice and security analyst Matthew Miller, who The 47-page lawsuit , filed in Alexandria, Va. federal court accuses the network of publishing “numerous

Devin Nunes of California, an outspoken ally of President Donald Trump, filed suit against CNN Tuesday, alleging the cable - news network defamed him In a rambling lawsuit filed in U.S. District Court of the Eastern District of Virginia, Nunes claims CNN defamed him as it reported on allegations

“Only CNN is listed as a named defendant,” the filing states. “For reasons neither explained nor readily apparent, the Amended Complaint lists, inter alia, Vicky Ward and Chris Cuomo as parties. Ward is a senior reporter for CNN, and Cuomo anchors Cuomo Prime Time, which airs on CNN. Nunes, Ward, and Cuomo are not alleged to live or work in Virginia.”

The California dairy farmer and congressman sued CNN in December of last year for $435 million dollars over an article that allegedly falsely claimed Nunes traveled to Vienna, Austria in order to meet with former Ukrainian prosecutor general Viktor Shokin in order to dig up dirt on former Vice President Joe Biden in 2018.

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Devin Nunes , R-Calif., sued CNN for defamation on Tuesday, accusing the network The 47-page lawsuit , filed in the United States District Court for the Eastern District of Virginia, accuses the liberal network of publishing “numerous egregiously false and defamatory ” statements about Nunes on Nov.

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Nunes maintains he did not visit Vienna–or anywhere in Austria–in 2018 and that he has never met with Shokin. A person who knows Shokin and Shokin himself subsequently disputed the claim.

“CNN is the mother of fake news,” the 47-page lawsuit filed in Virginia reads. “It is the least trusted name. CNN is eroding the fabric of America, proselytizing, sowing distrust and disharmony. It must be held accountable. On November 22, 2019, CNN published a demonstrably false hit piece about [Nunes].”

Attorneys for the network filed to have the lawsuit transferred in February of this year. Nunes’s own legal team fought back–but CNN easily won out largely due to the lack of contacts between the parties, the story in question and where Nunes originally filed.

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Supreme Court . Congress. Facts First. Follow CNN Politics.

Nunes v. CNN ( Devin G. Nunes v. Cable News Network , Inc.) is a defamation lawsuit filed by US Representative Devin Nunes (R-CA) against media corporation CNN on December 3, 2019, for 5 million.

A 17-page memorandum and a one-page order issued by the U.S. District Court for the Eastern District of Virginia tidily explained the rationale behind the Richmond-based court’s decision:

It is undisputed that the Eastern District of Virginia is not Nunes’s home forum. That Nunes “works at the Capitol within a few minutes’ drive of Virginia,” and “participates in oversight of the U.S. national security apparatas, including the intelligence-related activities of seventeen agencies, departments, and other elements of the United States Government, most of which is located in Virginia,” does not alter this fact. Additionally, as in [another case], the offending act at issue–the publication of the Article–not occur in Virginia. The Article was researched, written, and published in New York and, to some extent, Washington, D.C. Its subject matter has nothing to do with Virginia, and the Eastern District of Virginia is thus not the nucleus of the operative facts.

“The Eastern District of Virginia is not Nunes’s home forum, and there is no logical connection between the events in this case and this district,” the court continued. “Thus, Nunes’s choice of forum is entitled only to slight deference. On the facts of this case, the SDNY is a more appropriate venue because the Article was primarily written there and CNN, Ward, and Cuomo reside there.”

CNN has also filed a motion to dismiss for failure to state a claim.

[Image via Drew Angerer/Getty Images]

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