See that post for background on the case, and the judge’s ruling. I noted:
Zitat While on the surface a relatively narrow ruling, reopening only a limited number of factual claims, it is in fact a big win for Sandmann. His attorneys now get to take discovery on the WaPo process that went into the story. That inquiry will not be limited to the three factual statements, because the process by which those statements made it into the WaPo reporting is the same process by which all the dismissed statements were reported. The entire process will be subject to depositions and document discovery. Sandmann’s attorneys likely will find facts to bolster a number of their claims, so expect a Second Amended Complaint with the results of the discovery process.
The same judge has ruled in similar cases against CNN and NBC, and allows the cases to move forward on the same basis as the WaPo case. (Click for pdfs. the CNN Order and NBC Order.)
As to CNN, the Court ruled:
Zitat As in the Washington Post case, the Court believes that discovery is necessary to determine what happened in the unfortunate events which give rise to this litigation, and, to determine whether defendant accurately reported them, and, if it failed to do so, whether the failure was due to negligence or malice. Naturally, following a sufficient period for discovery, these issues will again be reviewed at the summary judgment phase under a more stringent standard.
As to NBC, the Court ruled:
Zitat Therefore, as in the two related cases, the Court finds that the statements that plaintiff “blocked” Phillips or did not allow him to retreat, if false, meet the test of being libelous per se under the definition quoted above.
As can be seen, in all three cases the only surviving claim is as to the allegation that Sandmann blocked Phillips. That’s a narrow issue on the surface, but it’s an issue Sandmann’s lawyers could drive a truck through because they get discovery of the entire news process that led up to the reporting — and who knows what they might find that would allow for trying to reinstate the other claims.
Sandmann’s lawyer, Lin Wood, touted the rulings on Twitter:
Zitat As predicted, today Judge Bertelsman entered an order allowing the Nicholas Sandmann case against NBCUniversal to proceed to discovery just as he had earlier ruled with respect to WaPo & CNN cases. Huge, huge win!
ZitatAmong the targets is NBCUniversal, against which attorneys representing Sandmann are seeking $275 million in damages for its role in feeding a “false narrative.” On Thursday, U.S. District Court Judge William Bertelsman dismissed some aspects of the suit but allowed discovery to proceed on the network’s coverage claiming that Sandmann “blocked” Phillips from leaving, the The Washington Times reported.
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As various media figures either tried to keep the original narrative alive or refused to unequivocally retract or apologize for their initial claims, attorneys representing the students have filed defamation suits against numerous other media outlets and public figures, including CNN, NBC Universal, Democrat presidential candidate Elizabeth Warren, The New York Times’ Maggie Haberman, comedian Kathy Griffin, ABC News’s Matthew Dowd, Princeton University’s Kevin Kruse, left-wing activist Shaun King, and Rewire editor-in-chief Jodi Jacobson.