In Re Cable News Network

ORDER RE APPLICATION OF CALIFORNIA CIVIL CODE § 48a TO CLAIMS BASED UPON THE TIME MAGAZINE ARTICLE

This order addresses the applicability of California Civil Code § 48a to the claims asserted in Sheppard, et al. v. Cable News Network, Inc., et al, Case No. C-98-20946, one of the seven cases collectively known as the “Operation Tailwind” litigation. Pursuant to § 48a, a plaintiff asserting a defamation claim based upon a publication in a newspaper, radio broadcast or television broadcast may not recover general damages unless the plaintiff serves a written demand for retraction upon the publisher within twenty days after notice of the publication. When such a demand is not made, the plaintiff is limited to recovery of special damages, defined as “all damages which plaintiff alleges and proves that he has suffered in respect to his property, business, trade, profession or occupation, including such amounts of money as the plaintiff alleges and proves he has expended as a result of the alleged libel.” Cal.Civ.Code § 48a(4)(b).

The five Sheppard plaintiffs assert defamation claims based upon two broadcasts aired by Defendant Cable News Network, Inc. (“CNN”) and one magazine article…