A $500 million defamation lawsuit was filed against USAToday and its parent company Gannett by Orange County based company Vivera Pharmaceuticals, Inc. (Vivera) last June.
USA Today filed a motion seeking to dismiss the case but a Virginia judge ruled last month that some of Vivera’s and its CEO Paul Edalat’s claims are “actionable” and will move forward
In June 2020, USA Today published an article that discussed the U.S. Food and Drug Administration’s regulation of antibody testing kits that were in high demand during the height of the COVID-19 pandemic. It focused on companies, including Vivera, and their involvement in producing COVID-19 medical supplies.
The piece, Vivera claims, was littered with inaccuracies about the Company’s products and personal attacks on Edalat’s professional reputation.
From that article, 14 statements were submitted by Vivera and Edalat claimed were defamatory.
The judge sustained or ruled unactionable, all but two of the statements.
“Even companies led by CEOs with a history of legal entanglements-including at least one criminal past can sell tests,” USA Today reported.