Devin Nunes was denied in his attempt to revive a defamation lawsuit against CNN over reports that he was involved in a scheme to dig up dirt against Joe Biden in Ukraine.
The 2nd U.S. Circuit Court of Appeals in Manhattan ruled 2-1 that Nunes failed to seek a correction quickly enough from the network or show that he deserved "special damages" to make up for economic loss, reported Reuters.
The former Republican lawmaker had sued over a November 2019 article that reported Lev Parnas, an associate of Donald Trump's lawyer Rudy Giuliani, was willing to testify before Congress that Nunes had met a year earlier with a former Ukraine prosecutor to investigate Biden, who was then running for president.
The California Republican denied the report as "fake news" and later filed a defamation lawsuit seeking $435 million in damages.
Circuit Judge William Nardini found that the judge presiding over the trial had not erred in finding that Nunes failed to comply with California laws on retractions and ruled his suit to be dismissed with prejudice.
Trump, whose Truth Social tech company Nunes now heads, had appointed all three judges on the appeals court panel.