Kennedy's attorney plans to appeal the decision, which overturned the award of $5.1 million compensatory damages and $5 million punitive damages decided by a six-member jury after a five-day trial last summer (see "TUOL" post 8/31/09). Kennedy sued the paper over 3 articles written in December 2003, concerning his reassignment from chief of medicine to his subspecialty of cardiology at the VA Medical Center. The author of the articles, Paul de la Garza, died of a heart attack in 2006.
In a 2-page decision, Judge Rondolino concluded the evidence did not satisfy "the threshold required by the First Amendment." A heart-rending decision for the plaintiff cardiologist.
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