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BALLENGEE v. CBS BROADCASTING, INC.

No. 18-2078.

968 F.3d 344 (2020)

Samuel R. BALLENGEE, Plaintiff-Appellant, v. CBS BROADCASTING, INC.; CBS News, Inc.; Jim Axelrod; Ashley Velie; and Scott Pelley, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 3, 2020.

Attorney(s) appearing for the Case

ARGUED: James D. McQueen, Jr. , McQUEEN DAVIS, Huntington, West Virginia, for Appellant. Michael D. Sullivan , BALLARD SPAHR LLP, Washington, D.C., for Appellees. ON BRIEF: Christopher J. Heavens , HEAVENS LAW OFFICES, Charleston, West Virginia, for Appellant. Thomas V. Flaherty , Wesley P. Page , FLAHERTY SENSABAUGH BONASSO PLLC, Charleston, West Virginia; Jay Ward Brown , Maxwell S. Mishkin , BALLARD SPAHR LLP, Washington, D.C., for Appellees.

Affirmed by published opinion. Judge Rushing wrote the opinion, in which Judge Keenan and Judge Wynn joined.

In 2016, CBS Evening News aired two reports on the opioid crisis in West Virginia that featured Samuel "Randy" Ballengee and his pharmacy. Ballengee sued, alleging among other things that the news reports were defamatory. The district court granted summary judgment in favor of the defendants on all claims. Ballengee now appeals...

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