Murray v. HuffingtonPost.com, Inc.

21 F. Supp. 3d 879, 42 Media L. Rep. (BNA) 2161, 2014 WL 1884319, 2014 U.S. Dist. LEXIS 64944
CourtDistrict Court, S.D. Ohio
DecidedMay 12, 2014
DocketCase No. 2:13-cv-1066
StatusPublished
Cited by7 cases

This text of 21 F. Supp. 3d 879 (Murray v. HuffingtonPost.com, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murray v. HuffingtonPost.com, Inc., 21 F. Supp. 3d 879, 42 Media L. Rep. (BNA) 2161, 2014 WL 1884319, 2014 U.S. Dist. LEXIS 64944 (S.D. Ohio 2014).

Opinion

OPINION AND ORDER

GREGORY L. FROST, District Judge.

This matter is before the Court for consideration of the following filings:

(1) a motion to dismiss (ECF No. 19) filed by Defendant Wilfred Michael Stark III (“Stark”); a memorandum in opposition (ECF No. 25) filed by Plaintiffs Robert E. Murray and Murray Energy Corporation; and a reply memorandum (ECF No. 29) filed by Stark; and

(2) a motion to dismiss (ECF No. 20) filed by Defendants The Huffington-Post.com, Inc., Arianna Huffington, Roy Sekoff, Stuart Whatley, and Jason Cherkis (“The Huffington Defendants”); a memorandum in opposition (ECF No. 26) filed by Plaintiffs; and a reply memorandum (ECF No. 30) filed by the Huffington Defendants.

[881]*881For the reasons that follow, the Court GRANTS the motions to dismiss. (ECF Nos. 19, 20.)

I. Background

On the plaintiffs’ side of this litigation is Robert E. Murray and Murray Energy Corporation. Murray is the President, Chief Executive Officer, and Chairman of the company, which is an Ohio corporation. On the defendants’ side of the case is The HuffingtonPost.com, Inc., a Delaware media company that operates the website The Huffington Post, and various employees or contributors: The Huffing-ton Post President and Editor-in-Chief Arianna Huffington, Editor Roy Sekoff, Executive Blog Editor Stuart Whatley, news reporter Jason Cherkis, and independent contractor and contributor Wilfred Michael Stark III. These parties are at odds over an online article that The Huffington Post published in September 2Q13 titled “Meet the Extremist Coal Baron Bankrolling Ken Cuccinelli’s Campaign.” The article, which appeared with the byline “Mike Stark, Journalist,” reads in its entirety as follows:1

Ken Cuccinelli, the Tea Party/GOP candidate for governor in Virginia, is struggling to save his campaign from a pair of slow-moving — but unrelenting — scandals that cast doubt upon his character and integrity.
To be clear, neither of these scandals are Whitewater-esque: There really is a “there” there. Cuccinelli really did accept thousands of dollars in gifts from the CEO of Star Scientific. He bought and sold stock in the company, and failed to report the transactions as required. by law. He did all of this while holding office as Virginia’s Attorney General. And he did all of this at a time he was legally obligated to defend against a lawsuit Star Scientific filed against the Commonwealth of Virginia.
(As an aside, imagine learning your divorce lawyer concealed that she had accepted thousands of dollars from your ex-spouse while the case was pending. That’s very similar to what we have here.)
While Cuccinelli was literally in [sic] sleeping in Star Scientific’s bed, he was also using the power. of his office to benefit a Pennsylvania coal and gas company, Consol Energy. Beginning in 2010, Cuccinelli (and other lawyers in his office) took steps to help Consol avoid paying coal-bed methane royalties owed to Virginia landowners. Here again, the money trail is damning. Over the first seven years of Cuccinelli’s political career, Consol contributed a total of $3,500 to Cuccinelli’s various campaigns. In contrast, in the three years Cuccinelli has been using his AG office to benefit Consol, they’re given his campaigns more than $140,000.
One might think that an embattled politician struggling to overcome the headwinds of scandal would be cautious before accepting fat envelopes of cash from extreme and unsavory donors.
Not Cuccinelli.
According to Cuccinelli’s most recent campaign finance filing, his most generous individual contributor (and largest donor after the Republican Governors Association), is Murray Energy Corporation. Less than a month ago, on Aug. 27, Cuccinelli took $30,000:
Robert “Bob” Murray owns Murray Energy Corporation. He has a history. [882]*882Most recently, he was the keynote speaker at the Bluefield Coal Show. He told the audience, “Many prominent Americans are now discussing the need to impeach President Obama.” He unveiled a sign that read “Save America Impeach Obama” and asked people on the room if they wanted to be part of the effort.
In September 2012, Mitt Romney gave a campaign speech in Ohio. Scores of coal miners, easily identified by their overalls, boots and safety gear, formed the backdrop as Romney derided “Obama’s War on Coal.” Romney nodded toward Murray and added, “I tell ya, you’ve got a great boss. He runs a great operation here.”
The next day the world learned that the miners standing behind Romney went without pay that day because Murray closed his mine — and “communicated to [the miners] that the attendance at the Romney event was mandatory.”
Just weeks later Barack Obama was reelected in a landslide. Bob Murray responded with a prayer:
“Dear Lord:
The American people have made their choice. They have decided that America must change its course away from the principals [sic ] of our Founders. And, away from the idea of individual freedom and individual responsibility. Away from capitalism, economic responsibility, and personal acceptance.
We are a Country in favor of redistribution, national weakness and reduced standard of living and lower and lower levels of personal freedom. My regret, Lord, is that our young people, including .those in my own family, never will know what America was like or might have been. They will pay the price in their reduced standard of living and, most especially, reduced freedom.
The takers outvoted the producers. In response to this, I have turned to my Bible and in II Peter, Chapter 1, verses 4-9 it says, ‘To faith we are to add goodness; to goodness, knowledge; to knowledge, self control; to self control, perseverance; to perseverance, godliness; to godliness, kindness; to brotherly kindness, love.’
Lord, please forgive me and anyone with me in Murray Energy Corp. for the decisions that we are now forced to make to preserve the very existence of any of the enterprises that you have helped us build. We ask for your guidance in this drastic time with the drastic decisions that will be made to have any hope of our survival as an American business enterprise.
Amen.”

With that, Murray announced he was firing more than 150 of his miners. Firing so many employees may well have been the fulfillment of a promise.

“... a review of letters and memos to Murray employees, suggest that coercion may also explain Murray staffers’ financial support [...] Murray, it turns out, has for years pressured salaried employees to give to the Murray Energy political action committee (PAC) and to Republican candidates chosen by the company. Internal documents show that company officials track who is and is not giving. The sources say that those who do not give are at risk of being demoted or missing out on bonuses, claims Murray denies.
The Murray sources, who requested anonymity for fear of retribution, came forward separately. But they painted similar pictures of the fund-raising operation.

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21 F. Supp. 3d 879, 42 Media L. Rep. (BNA) 2161, 2014 WL 1884319, 2014 U.S. Dist. LEXIS 64944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murray-v-huffingtonpostcom-inc-ohsd-2014.