Samuel Ballengee v. CBS Broadcasting, Incorporated
968 F.3d 344
| 4th Cir. | 2020Background
- Randy Ballengee opened Tug Valley Pharmacy (Williamson, WV) in 2007; the pharmacy filled an unusually high proportion of controlled substances (customer profile showed 66% controlled substances; 2009 averaged ~162 hydrocodone prescriptions per business day). On at least seven days in 2008–2009, the pharmacy filled more than 150 pain prescriptions from one clinic (Mountain Medical).
- Two nearby pain clinics (including Mountain Medical and Dr. Diane Shafer) were later implicated for improper prescribing; Dr. Shafer surrendered her license and pleaded guilty; Mountain Medical was closed after a raid.
- Multiple civil suits by former customers alleged the pharmacy negligently or recklessly filled prescriptions; in a deposition Ballengee testified he filled “maybe 150 to 200” prescriptions per day from Mountain Medical and admitted filling prescriptions tied to a doctor whose presence he never observed.
- CBS Evening News aired January and May 2016 reports stating, among other things, (1) “Records show Tug Valley was filling more than 150 pain prescriptions a day from one clinic alone,” and (2) Ballengee “admit[ted] to filling 150 pain pill prescriptions daily for one clinic alone.” After the broadcasts a distributor (McKesson) terminated service to Tug Valley; Ballengee later sold the pharmacy.
- Ballengee sued CBS in January 2017 for defamation, false light, tortious interference, and IIED. The district court granted summary judgment for CBS on all claims; Ballengee appealed only the rulings as to the two quoted statements and the false-light claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the two broadcast statements were false (falsity element of defamation/false light) | Ballengee: CBS misstated and exaggerated his deposition and records, portraying him as admitting to filling 150 pain prescriptions daily from one clinic when he did not literally say that | CBS: Statements were substantially true—supported by Ballengee’s deposition, pharmacy/board records, distributor/DEA reports showing the volume and concentration of prescriptions | Court: Affirmed summary judgment for CBS; statements were substantially true in overall effect and not materially false |
| Whether other alleged defamatory implications were actionable or preserved on appeal | Ballengee alleged implications (state sued him; criminal investigation/charges; intentional illegal conduct) and tried to raise two new implications on appeal (2016 high-volume inference; guilt-by-association with McKesson) | CBS: Those implications were substantially true, non-defamatory, not reasonably implied, or forfeited | Court: Ballengee forfeited challenges to the district court’s rulings on the original implicated claims by not pressing them on appeal; newly raised implications were not considered on appeal |
Key Cases Cited
- News & Observer Publ’g Co. v. Raleigh-Durham Airport Auth., 597 F.3d 570 (4th Cir. 2010) (summary judgment standard and appellate review)
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (party with burden must show genuine dispute to avoid summary judgment)
- Masson v. New Yorker Magazine, Inc., 501 U.S. 496 (1991) (substantial truth doctrine; minor inaccuracies do not establish falsity)
- State ex rel. Suriano v. Gaughan, 480 S.E.2d 548 (W. Va. 1996) (West Virginia adopts substantial-truth approach to libel)
- In re Callaghan, 796 S.E.2d 604 (W. Va. 2017) (applies substantial truth standard in defamation context)
- Crump v. Beckley Newspapers, Inc., 320 S.E.2d 70 (W. Va. 1983) (elements of defamation and false light under West Virginia law)
- Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487 (1941) (choice-of-law rule: forum applies state conflict rules)