Description: Defamation action brought by coal companies and coal executive for statements made on the television show Last Week Tonight with John Oliver.
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Marshall County Coal Co. v. Oliver
Case Documents:
Filing Date Type File Action Taken Summary 11/10/2019 Not Available Appeal of dismissal withdrawn. Coal Companies and Coal Executive Dropped Appeal of Dismissal of Lawsuit Against Comedian. On November 10, 2019, comedian John Oliver announced on his television show that coal executive Robert E. Murray and related coal companies had withdrawn their appeal of the dismissal of their lawsuit against Oliver. The plaintiffs asserted claims of defamation, false light invasion of privacy, and intentional infliction of emotional distress on the grounds that Oliver and the other defendants knowingly broadcast malicious statements that they knew to be false based on information provided by the plaintiffs. The allegedly defamatory statements included statements that Mr. Murray and his companies “appear to be on the same side as black lung” and that their position on a coal dust regulation was the equivalent of rooting for bees to kill a child, as well as a description of Mr. Murray as looking “like a geriatric Dr. Evil.” A West Virginia trial court dismissed the case in 2018, and an appeal had reportedly been pending before the West Virginia Supreme Court for more than a year. -
Marshall County Coal Co. v. Oliver
Case Documents:
Filing Date Type File Action Taken Summary 02/21/2018 Letter Download Court sent letter informing parties it would dismiss action. West Virginia Court Dismissed Defamation Suit Against John Oliver Brought by Coal Executive and His Companies. A West Virginia state court notified counsel that it would dismiss the lawsuit brought by coal executive Robert E. Murray and some of his coal companies against the comedian John Oliver and other defendants involved in the production and broadcasting of Oliver’s television show Last Week Tonight. The plaintiffs asserted claims of defamation, false light invasion of privacy, and intentional infliction of emotional distress on the grounds that the defendants knowingly broadcast in a June 2017 episode malicious statements that they knew to be false based on information provided by the plaintiffs. The court adopted, “with little exception,” the arguments in the defendants’ motion to dismiss for failure to state a claim. A spokesperson for the defendants said they would appeal. 06/28/2017 Motion Download Motion filed for temporary restraining order and preliminary injunction. 06/21/2017 Complaint Download Complaint filed. -
Marshall County Coal Co. v. Oliver
Case Documents:
Filing Date Type File Action Taken Summary 08/10/2017 Order Download Motion to remand granted. West Virginia Federal Court Remanded Murray Energy Defamation Action to State Court. The federal district court for the Northern District of West Virginia remanded to state court a defamation action brought against John Oliver, the host of Last Week Tonight with John Oliver, by the coal company Murray Energy Corporation (Murray Energy); Robert E. Murray, the founder, chairman, president, and chief executive officer of Murray Energy; and affiliated companies of which Mr. Murray was the president, CEO, and sole director (the affiliated companies). The other defendants included Home Box Office, Inc. (HBO), a Delaware corporation, which broadcasts Last Week Tonight. The plaintiffs alleged that the defendants were “persons and organizations fundamentally opposed to any revitalization of the coal industry, having described coal as ‘environmentally catastrophic.’” The plaintiffs further alleged that in a June 2017 episode of Last Week Night the defendants knowingly broadcast malicious statements that they knew to be false based on information provided by the plaintiffs. The statements that the plaintiffs alleged were defamatory included statements indicating that Mr. Murray had no evidence to support his assertion that an earthquake caused a mine collapse that killed nine people; a statement that Mr. Murray and Murray Energy “appear to be on the same side as black lung” and that their position on a coal dust regulation was the equivalent of rooting for bees to kill a child; and a description of Mr. Murray as looking “like a geriatric Dr. Evil.” The plaintiffs also asserted that the allegedly defamatory statements constituted false light invasion of privacy and that defendants intentionally inflicted emotional distress upon Mr. Murray. After the defendants removed the action to federal court on diversity jurisdiction grounds, the federal court remanded, rejecting the defendants’ argument that the affiliated companies—which, like HBO, are Delaware corporations—had been fraudulently joined to defeat diversity jurisdiction. The court found that defamatory statements made about an executive of a business could be sufficient to defame the business where the statements were made about the executive in his professional capacity and reflected negatively on the operation of the business. The court therefore found that there existed “a glimmer of hope” that the affiliated companies would establish a cause of action and that diversity jurisdiction therefore was destroyed. 08/01/2017 Amicus Brief Download Amicus brief filed by American Civil Liberties Union of West Virginia Foundation.