The appellate panel ruled unanimously for Rep. Devin Nunes against journalist Ryan Lizza who now writes for Politico.
Nunes will be allowed to litigate his claim that Lizza defamed him by claiming that he secretly moved his farm from California to Iowa and linked the move to the alleged use of undocumented labor.
The interesting aspect of the ruling is how a retweet by Lizza resuscitated the case for Nunes.
The claims, if false, could be the basis for defamation and a separate lawsuit against Lizza and Hearst by the family farm, NuStar, was previously found valid for the purposes of a trial.
The Court found that Lizza later retweeting and linking to his story created a viable basis for defamation.
"The complaint here adequately alleges that Lizza intended to reach and actually reached a new audience by publishing a tweet about Nunes and a link to the article. In November 2019, Lizza was on notice of the article's alleged defamatory implication by virtue of this lawsuit. The complaint alleges that he then consciously presented the material to a new audience by encouraging readers to peruse his"strange tale" about "immigration policy," and promoting that "I've got a story for you.
The irresistible impulse to strike out at Nunes may prove extremely costly for Lizza.
Tuesday, September 21, 2021
Rep. Nunes Wins Major Victory In Defamation Case Against Ryan Lizza and Hearst
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