Judge William Pryor Rules Former CEO Lawsuit Against CNN Can Go Forward!

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.