Ballengee v. CBS Broadcasting, Inc., No. 18-2078 (4th Cir. 2020)Annotate this Case
Plaintiff filed suit against CBS after the CBS Evening News aired two reports on the opioid crisis in West Virginia that featured plaintiff and his pharmacy. Plaintiff alleged claims of defamation, false light invasion of privacy, tortious interference, and intentional infliction of emotional distress. The district court granted summary judgment in favor of defendants on all claims. On appeal, plaintiff challenged the district court's rulings as to two allegedly defamatory statements in the report.
The Fourth Circuit affirmed the district court's judgment as to the two allegedly defamatory statements in the reports: (1) "Records show Tug Valley was filling more than 150 pain prescriptions a day from one clinic alone," and (2) plaintiff "admit[ted] to filling 150 pain pill prescriptions daily for one clinic alone." The court held that, because plaintiff failed to offer evidence from which a reasonable juror could find that the allegedly defamatory statements in the CBS reports were false, rather than minor inaccuracies, and he bears the burden of proof on this element of his defamation and false light invasion of privacy claims, summary judgment on both claims was appropriate. Finally, the court held that plaintiff's attempt to raise for the first time on appeal two new implications of the news reports is foreclosed.