2nd Circ. Affirms Suntrust Win In Defamation Suit

Law360, New York (March 25, 2011, 3:09 PM EDT) -- The Second Circuit on Friday upheld a ruling in favor of Suntrust Capital Markets Inc. over claims by the former CEO of Cyberonics Inc. that Suntrust defamed him by mischaracterizing stock options he had been given as improperly backdated.

A three-judge panel of the U.S. Court of Appeals for the Second Circuit on Friday rejected Robert P. Cummins' appeal of a lower court's summary judgment award in favor of Suntrust after finding that the 37 alleged defamatory statements were either “substantially true ... or constitutionally protected...
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