United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT March 3, 2005
Charles R. Fulbruge III
Clerk
No. 04-60710
Summary Calendar
WYLANDA GALES, PATRICIA GAMBLE, DANIEL GLASS, DOROTHY MCGEE,
JERRY SCOTT, SR., and CHARLIE WESLEY
Plaintiffs-Appellants,
versus
CBS BROADCASTING, INC., MEDIA GENERAL OPERATIONS, INC. d/b/a
WJTV, WYATT EMMERICH, BEAU STRITTMAN, DON HEWITT, MORLEY SAFER,
DEIRDRE NAPHIN, JENNIFER BREHENY and JOHN DOES 1-50
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Mississippi
Civ. A. No. 5:03-cv-35(Br)(S)
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Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
This case revolves around a segment aired on the weekly news
program entitled “60 Minutes” that is broadcast by CBS. The
segment in question, shown on the November 20, 2002, edition of 60
Minutes was entitled “Jackpot Justice” and focused on the perceived
impropriety of large jury verdicts that were being awarded in the
State of Mississippi. Plaintiffs, who are all members of a jury
mentioned in the segment, brought claims against CBS and other
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 04-60710
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named defendants for: (1) libel, slander and defamation; (2)
invasion of privacy (appropriation of another’s identity for an
unpermitted use); (3) invasion of privacy (holding another in the
public eye in a false light); (4) gross negligence or intentional
infliction of emotional distress; and (5) malicious reckless,
wantonness, negligence or gross negligence. They seek declaratory,
equitable and/or injunctive relief along with compensatory and
punitive damages.
Plaintiffs appeal the district court’s denial of their motion
to remand for lack of complete diversity and the district court’s
grant of defendants’ motion for judgment on the pleadings. This
court reviews the denial of a motion to remand de novo. Heritage
Bank v. Redcom Laboratories, Inc., 250 F.3d 319, 323 (5th Cir.
2001). Similarly, we review a district court’s ruling on a motion
for judgment on the pleadings de novo. Johnson v. Johnson, 385
F.3d 503, 529 (5th Cir. 2004).
After a review of the record, we agree with the district
court’s characterization that: “at best [the statements in the 60
Minutes broadcast] were directed towards Jefferson County jurors in
general. Thus, they lack the specificity required to impose
liability. ‘Vague, general references to a comparatively large
group do not constitute actionable defamation.’” Dist Ct. Op. at 24
(quoting 52 ALR 4th 618, § 23, citing Michigan United Conservation
Clubs v. CBS News, Div. of CBS, Inc., 655 F.2d 110 (6th Cir.
1981)). We therefore affirm the district court’s order for
No. 04-60710
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essentially the reasons as well-stated in its memorandum opinion
and order.
AFFIRMED.