Date: 02-03-1999

Case Style: Cuban American National Foundation v. Wayne Smith

Case Number: 96-2702

Judge: W. Thomas Spencer

Court: Circuit Court, Dade County, Florida

Plaintiff's Attorney: G. Luis Dominguez, Miami, Florida; George J. Fowler, III, New Orleans, Florida; Ian M. Rodriguez and Rice Fowler, Coral Gables, Florida

Defendant's Attorney: Alfredo G. Duran, Miami, Florida; Jorden, Burt, Berensen & Johnson and Richard J. Ovelmen, Miami, Florida

Description: Defamation - The Cuban American National Foundation (CANF) claimed that Wayne Smith, a professor at Johns Hopkins University, made a defamatory statement during the course of an interview given for a PBS documentary entitled "Campaign for Cuba," which looked at the political influence of groups, including CANF, and their role in shaping United States policy toward Cuba. During the program, Smith made a statement concerning political fund contributions between and among the National Endowment for Democracy (NED), CANF, and Congressmen involved with NED. CANF claimed that the statement implied that it was involved in criminality or corruption, and in particular, that the statement asserted that CANF used money granted to it by the NED to contribute to the campaigns of those United States Congressmen who provided NED grants to CANF. Smith claimed he was relying upon an article by Professor John S. Nichols whom Smith contacted before the broadcast of the show and was assured by him that the statement was correct.

Outcome: Plaintiff's Verdict - Jury returned a verdict of no compensatory damages, $10,000.00 in nominal damages, and $30,000.00 in punitive damages.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Defendant's motions for a JNOV and a new trial were denied. Reversed and remanded with instructions by the District Court of Appeal of Florida, Thrid District. See 731 So.2d 702 (Fla.App. 3 Dist. 1999). Note that the above cited date is the date of appellate decision and not the trial date. Reported by C.H.