A Florida appeals court Wednesday said a security consultant could pursue a punitive damages claim against CNN in a defamation and trade-libel lawsuit stemming from the evacuation of Afghan citizens as the United States withdrew from Afghanistan.
A three-judge panel of the 1st District Court of Appeal rejected CNN’s arguments that Zachary Young, the operator of Nemex Enterprises, Inc., should not be able to seek punitive damages.
Young filed the Bay County lawsuit against CNN after 2021 reports about private-evacuation operators.
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“Specifically, Young alleged CNN repeatedly accused him of operating in a ‘black market’ and mischaracterized his work as exploitative because he charged ‘exorbitant’ fees Afghan citizens could not pay,” Wednesday’s ruling said. “Young claimed he was particularly harmed because he was the only private evacuator profiled in the reporting.”
With the lawsuit pending, a circuit judge approved a motion by Young to seek punitive damages. That led CNN to appeal, but the panel Wednesday said Young provided enough evidence to be able to pursue punitive damages.
“We must consider whether Young made a reasonable evidentiary proffer to provide a reasonable basis for recovery of punitive damages at this stage,” said the ruling, written by Judge Clay Roberts and joined by Judges Thomas Winokur and Robert Long.
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“After reviewing the totality of the proffered evidence in the light most favorable to Young, we conclude that he did. Young sufficiently proffered evidence of actual malice, express malice, and a level of conduct outrageous enough to open the door for him to seek punitive damages. Whether Young can ultimately prevail is not the issue before us.”
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