Rep. Devin Nunes (R-Calif) suffered a setback in his defamation lawsuit against CNN when a federal judge in Virginia decided to stand up to forum shopping by transferring his case out.
Today, U.S. District Court Robert Payne decides the case is best adjudicated in New York.
"It is undisputed that the Eastern District of Virginia is not Nunes's home forum," writes Payne, soon adding, "[T]he offending act at issue — the publication of the Article — did not occur in Virginia. The Article was researched, written, and published in New York and, to some extent, Washington D.C. Its subject matter has nothing to do with Virginia..."
The judge says that just because the article could be accessed on the internet in Virginia and damaged his reputation there doesn't create a significant point of contact for jurisdictional analysis. The judge also accepts CNN's argument that most o the witnesses including Chris Cuomo reside in New York. Nunes pointed to Jack Tapper as a witness living in the area , but the judge retorts, "It is clear that Tapper is not a material witness.
Finally, when addressing the interest of justice, the judge takes the opportunity to knock Nunes' knuckles. "[T]he Court has significant concerns about forum shopping," states the opinion. "As the Court has explained to Plaintiff's counsel on numerous occasions, the Court cannot stand as willing repository for cases which have no real nexus to this district. The rocket docket certainly attracts plaintiff[s], but the Court must ensure that this attraction does not dull the ability of the Court to continue to act in an expeditious manner.
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