Zachary  Young et al vs. Cable News Network, Inc.

Case Background

On March 31, 2022, Plaintiff Zachary Young filed a Defamation lawsuit in the United States District Court, Florida Southern (Case number: 9:22cv80527). Judge Rodolfo A. Ruiz, II presided over this case.

Cause

In late 2021, during the chaotic aftermath of the Taliban’s resurgence in Afghanistan, Zachary Young, a former U.S. Navy veteran and government operative, recognized an urgent need for professional evacuation services. Leveraging his decades of experience in high-risk environments and his network of trusted contacts, Young began providing safe and legal evacuations for multinational corporations and NGOs through Nemex Enterprises Inc., his Florida-based consulting company. Young directed his efforts exclusively toward organizations with the resources to fund these operations. He advertised on LinkedIn, a professional networking platform, explicitly targeting corporate sponsors with funding, not individual Afghan citizens.

His advertisements clearly stated his capacity to deliver results for sponsors, highlighting his qualifications and successful track record. Despite these facts, CNN aired and published defamatory content, falsely accusing Young of exploiting “desperate Afghans” and conducting operations on a “black market.” These false narratives created a misleading and damaging portrayal of Young’s lawful activities.

Injuries

CNN’s defamatory statements caused significant and immediate harm to Zachary Young and Nemex Enterprises Inc. The false allegations irreparably damaged Young’s professional reputation within the security and national defense sectors, where trust and integrity are paramount. By labeling Young as someone who exploited vulnerable individuals on an illegal market, CNN destroyed his credibility. Clients and colleagues in the tightly-knit security community distanced themselves from him, unwilling to associate with someone falsely accused of unethical and illegal behavior.

This professional isolation resulted in the complete collapse of Young’s consulting career. Additionally, the accusations put Young’s government security clearances at risk, which were crucial to his ability to work in sensitive roles. Young also experienced severe emotional distress and humiliation, compounded by the widespread reach of CNN’s false narrative, which turned him into an international pariah.

Damages

The damages stemming from CNN’s defamatory publications were devastating. Before the defamation, Young’s consulting work generated hundreds of thousands of dollars annually, as his reputation and expertise attracted prominent clients, including multinational corporations and NGOs. After the broadcast, his income dropped to zero, and he lost all prospects of future work. Nemex Enterprises Inc. suffered as well, losing its established credibility and future opportunities for contracts. The financial toll was accompanied by significant personal and emotional harm. The false claims severely impacted Young’s standing in the professional and public spheres, leading to embarrassment, loss of respect, and lasting damage to his career. These losses prompted Young and Nemex to seek legal relief to recover the damages inflicted by CNN’s reckless and malicious reporting.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Zachary Young | Nemex Enterprises Inc.
    • Counsel for Plaintiff: Peter Bach-y-Rita | Richard R. Cipolla |  Devin Freedman
  • Defendant(s): Cable News Network, Inc.
    • Counsel for Defendants: Deanna Kendall Shullman | Giselle M. Girones | Minch Minchin | Rachel Elise Fugate

Claims

Zachary Young and Nemex Enterprises Inc. filed a defamation lawsuit against CNN, citing defamation per se, defamation by implication, and trade libel. The lawsuit detailed how CNN knowingly and recklessly published false statements about Young, despite being provided evidence to the contrary. CNN falsely accused Young of exploiting Afghan citizens by charging exorbitant fees and operating in an illegal “black market.” These claims were baseless, as Young only worked with corporate sponsors and NGOs and never took money from Afghan citizens.

CNN ignored Young’s clarifications and ran the story with sensationalized accusations, prioritizing ratings over the truth. The defamation lawsuit sought monetary relief. This was to compensate for the severe damage to Young’s reputation, loss of income, and personal suffering caused by CNN’s defamatory actions. It also demanded punitive damages. The goal was to hold CNN accountable for its reckless disregard for the truth. The lawsuit aimed to address the harm caused to Young’s livelihood and standing.

Defense

CNN defended its actions in response to defamation claims from Zachary Young and Nemex Enterprises Inc. It asserted that its reporting was based on credible sources. The network argued that its reporting was protected under the First Amendment. CNN emphasized that it had the right to report on significant public interest topics. These topics included the aftermath of the Taliban’s takeover of Afghanistan and the associated private evacuation efforts.

CNN explained the purpose of its investigative report. It aimed to highlight the complexities, risks, and high costs involved in private evacuations. The network maintained that its journalists relied on statements from individuals and organizations familiar with these operations. It emphasized that the findings were presented in good faith.

The network further claimed that it did not act with malice or reckless disregard for the truth. CNN emphasized that it had attempted to contact Young for comment. The network offered Young the chance to address the claims. However, CNN stated that Young failed to provide timely or substantive responses. The network insisted that the allegations made in its broadcast and articles were framed responsibly. It also argued that the claims were supported by available evidence or statements from third-party sources.

Additionally, CNN argued that phrases like “black market” and “exploitation of desperate Afghans” were not directed solely at Young but referred to broader trends in the private evacuation industry at the time. The network maintained that it accurately reflected the ethical concerns and challenges surrounding private evacuation operations in a crisis environment.

CNN sought the dismissal of the defamation claims, asserting that its reporting met the legal standard for fair and factual journalism. The network argued that its actions were protected under applicable laws and did not constitute defamation.

Jury Verdict

On January 17, 2024, a Florida jury found CNN liable for defamation against Zachary Young and Nemex Enterprises Inc. The jury determined that CNN published false and defamatory statements that caused significant harm to Young’s reputation, career, and livelihood. After deliberating on the evidence presented during the trial, the jury concluded that CNN acted with negligence and a reckless disregard for the truth in its reporting about Young’s evacuation efforts in Afghanistan.

The jury awarded $5 million in compensatory damages to Young and Nemex Enterprises Inc. as restitution for the financial and reputational losses they suffered due to CNN’s defamatory statements.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com