Covington Catholic student Nicholas Sandmann just received good news in lawsuit against NBCUniversal.
A federal judge ruled that the $275 million lawsuit can now proceed in court, making it the third lawsuit from the student that the judge allowed to continue.
According to The Washington Times, “U.S. District Court Judge William Bertelsman dismissed parts of the lawsuit while allowing discovery on allegations that the network’s coverage defamed the teen by reporting that he ‘blocked’ Native American elder Nathan Phillips in a Jan. 18 encounter at the Lincoln Memorial.”
Judge Bertelsman said in his order: “[T]he court finds that the statements that plaintiff ‘blocked’ Phillips or did not allow him to retreat, if false, meet the test of being libelous per se under the definition quoted above.”
Sandmann attorney Lin Wood tweeted: “As predicted, today Judge Bertelsman entered an order allowing the Nicholas Sandmann case against NBCUniversal to proceed to discovery just as he had earlier ruled with respect to WaPo & CNN cases. Huge, huge win!”
Last month, judge Bertelsman reversed course on the student’s $250 million lawsuit against The Washington Post after blocking it from proceeding.
The Cincinnati Enquirer reported: “After reviewing an amended complaint, Judge William Bertelsman ordered Monday that the case could enter the discovery phase and hence a portion of the lawsuit against the newspaper could continue.
“The judge’s order that discovery can continue means Sandmann’s legal team can make requests for internal Washington Post documents concerning the events like emails and communications between editors and reporters.”
Bertelsman let the lawsuit proceed and said: “The Court will adhere to its previous rulings as they pertain to these statements except Statements 10, 11, and 33, to the extent that these three statements state that plaintiff ‘blocked’ Nathan Phillips and ‘would not allow him to retreat.’”
The judge added: “Suffice to say that the Court has given this matter careful review and concludes that ‘justice requires’ that discovery be had regarding these statements and their context. The Court will then consider them anew on summary judgment.”
Todd V. McMurty, Sandmann’s attorney, said that the ruling was a good sign for the lawsuit against CNN and NBCUniversal.
“NEWSFLASH: Federal Judge William O. Bertelsman partially reversed his ruling to dismiss #nicksandmann’s claims against the @washingtonpost. Nick’s case may now proceed into discovery. The ruling bodes [well] for the NBC and CNN cases, as well,” McMurtry tweeted, adding: “This is a huge win.
“Now #NickSandmann will be able to start discovery and find out exactly what the reporters were thinking when they attacked Nicholas and the #CovingtonCatholic kids.”
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Replaced!