Robert Van Buskirk, M.D.L., 1257, in Re Cable News Network v. Cable News Network, Inc., Time Inc., and Time Warner Inc.

Appellant Robert Van Buskirk brought an action for defamation against Appellees, Cable News Network (CNN), Time Inc., and Time Warner Inc., based upon a series of television and magazine reports stemming from Operation Tailwind, a 1970 United States military operation conducted in Laos. The district court dismissed the action with prejudice for failure to state a claim upon which relief can be granted. We AFFIRM the district court in part and REVERSE and REMAND in part.

I. Facts and Procedural Background

Robert Van Buskirk filed his initial complaint alleging defamation in the United States District Court for the Western District of North Carolina in June of 1999. The Judicial Panel on Multidistrict Litigation transferred the case to the Northern District of California and consolidated it with six other libel cases based on the Tailwind reports. Appellees, CNN, Time Inc., and Time Warner Inc., filed a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss. On March 20, 2000, the district court granted Appellees’ motion, but allowed Van Buskirk leave to amend his complaint “in order to ensure that [Van Buskirk] has every opportunity to present a viable claim before…