In a split 2-1 decision on April 14, judges for the United States Court of Appeals for the Second Circuit in Manhattan affirmed a lower court ruling that Nunes did not seek a retraction promptly, as is needed under California law for most damages, and that he failed to show he deserved special damages. It marks another legal setback for the former congressman, who is now the chief executive officer of former President Donald Trump's social media company.

Earlier this month, a different set of appeals court judges said Nunes could not revive a lawsuit against the Washington Post over a 2020 story about an intelligence briefing.Nunes, who represented the area around Tulare for nearly two decades, has filed 10 lawsuits against media organizations and critics whom he claims have defamed or conspired against him since 2019.