CA5 60 min libel case-- speaking of over-lawyered....

An unpublished opinion today is newsworthy.  Jurors in Jefferson County, Mississippi who felt singled out by the 60 Minutes "Jackpot Justice" story filed a libel suit (in Jefferson County, of course) against CBS, those involved in the story, and (to frustrate removal...) two of the local Jefferson County sources who had suggested on camera reasons Jefferson County juries might be so prone to award huge verdicts.

The defendants removed, arguing the two locals were fraudulently joined.  The district court opinion denying the motions to remand ruled that the court could look to whether there were really claims against the two locals in order to evaluate whether they were fraudulently joined.  Holding that there could be no claim against them for libel-- their statements had been general and not aimed at specific jurors-- the court held they were fraudulently joined, and refused to remand..  Later-- in an opinion not available online-- the district court ruled on the pleadings that the case failed to state a claim.

In a brief unpublished per curiam opinion, the Fifth Circuit affirmed, mentioned almost in passing the plaintiff's appeal of the denial of the motion to remand, and focused (still briefly) on the (lack of merit) in the libel claim:  "Thus, they lack the specificity required to impose liability. ‘Vague, general references to a comparatively large group do not constitute actionable defamation.’"