A CBS in-house attorney and former Duke University classmate of Virginia Lt. Gov. Justin Fairfax had no involvement in a news segment that aired interviews of two women accusing Fairfax of sexual assault, according to new court filings in his defamation case against the network.

An exhibit in CBS’s motion to dismiss Fairfax’s $400 million defamation lawsuit counters a claim that the unidentified in-house attorney knew the network was airing allegedly false sexual assault allegations and failed to stop the segment. CBS’ motion to dismiss, filed Friday evening, said the report was not defamatory, since it laid out both sides’ claims, and that he has failed to prove actual malice as required to pursue a defamation lawsuit as a public figure.

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