The legal representation CNN has relied on to handle the $1 billion defamation suit against them for the last two years may have been benched on Monday. According to filings exclusively obtained by NewsBusters, CNN has retained the services of law firm Ballard Spahr LLP out of Philadelphia, Pennsylvania to represent them in the Panama City, Florida case.
According to two filings (one for each lawyer), CNN has brought on Dave Axelrod and Joe Bailey. They’re with the same law firm that CNN retained to handle their appeal of the punitive damages ruling that opened them up to possibly paying damages approaching or surpassing $1 billion.
As NewsBusters previously reported, CNN lost that appeal while being represented by counsel Charles D. Tobin, who still represents the network (see video below).
Their firm, and Axelrod in particular, has been involved with many other high-profile defamation cases. As reported by Bloomberg Law, they’re currently representing The New York Times in the defamation suit brought against the newspaper by former Alaska Republican Governor Sarah Palin; after they allegedly defamed her by tying her to that assassination attempt on former Democratic Congresswoman Gabby Giffords.
Last month, Palin won her bid for a retrial.
Axelrod is also one of the new lawyers representing actress Amber Heard in her appeal of the Johnny Depp defamation verdict. “A spokesperson for the actress announced she retained David L. Axelrod and Jay Ward Brown of law firm Ballard Spahr to lead her counsel. Ben Rottenborn will continue as co-counsel, while Elaine Charlson Bredehoft will step down,” reported Entertainment Weekly.
On Axelrod’s history with defamation suits, Entertainment Weekly added:
Axelrod is a former federal prosecutor and first-chair trial lawyer who represents individuals and companies in high-stakes civil litigation, while Brown has represented journalists, news organizations, and documentary filmmakers, among others, in First Amendment cases. The pair successfully defended The New York Times against Sarah Palin's defamation lawsuit earlier this year.
CNN’s retention of these new lawyers possibly has to do with the string of defeats in recent months which have put them on the back foot.
As NewsBusters has previously reported, CNN lost their bid for a retrial on the punitive damages ruling in the appeals court, they were ordered to turn over their journalistic conduct and social media guidelines, turn over documents tied to financial discovery, lost their motion to block host Jake Tapper from being deposed, and their parent company Warner Bros. Discovery may be subpoenaed for financial discovery documents related to the punitive damages ruling.
CNN’s possible former lead counsel, Deanna Shullman of Shullman Fugate PLLC also failed to secure a settlement with Plaintiff Zachary Young during a mediation conference earlier this month; after forcing him to fly back to the United States despite warnings that he experiences pain in this legs from his time in the Navy.
Shullman was also the mastermind behind CNN's Sharia law defense, which brought a lot of unwanted attention to the case and outrage against the network.
