By Carolina Journal Staff
- CNN wants a federal court to review Lt. Gov. Mark Robinson’s defamation lawsuit against the cable television network.
- In a court filing last week, CNN’s lawyers distinguished Robinson’s complaint against the network from his complaint against Louis Money, a former porn store clerk.
- CNN also labels Robinson’s claims against the TV network as “meritless.” The court filing promised further details “in due course.”
CNN wants a federal court to consider the lawsuit North Carolina Lt. Gov. Mark Robinson filed against the cable television network. CNN filed paperwork last week removing the case from state court.
The court filing emphasized the differences between the two defendants in the case. In addition to CNN, Robinson’s suit targeted Louis Money, a former porn store clerk who criticized Robinson in a music video.
“CNN is not affiliated with Money in any way,” the network’s lawyers wrote. “There is no allegation that anyone at CNN has even spoken to Money at any time ever. And the allegedly defamatory statements Robinson claims Money made are different in content than those he claims CNN made. In short, Robinson’s claims against Money have nothing to do with Robinson’s claims against CNN.”
“Robinson’s claims against CNN are meritless and CNN will make those arguments to the Court in due course,” the court filing continued.
CNN lawyers argued to the federal court that Robinson linked CNN and Money to justify filing suit in state court.
“Money is named in this lawsuit for one purpose and one purpose only – to defeat diversity jurisdiction and preclude removal,” the network’s lawyers wrote. “Robinson’s gambit, however, fails because Money is fraudulently joined in this action. Not only is there no connection between Money and CNN, but also there is no possibility that Robinson can succeed on his claims against Money. Jurisdiction is, therefore, proper in this Court.”
In support of moving the case to federal court, CNN also attacked Robinson’s claims against Money.
“Here, there is no possibility that Robinson can prevail in his claim against Money because (1) Robinson cannot plausibly plead actual malice and (2) Robinson cannot establish that Money’s statements are defamatory,” CNN’s court filing argued. “Accordingly, because Robinson cannot sustain his action against Money in state court, the [federal] Court can disregard Money’s citizenship and exercise diversity jurisdiction over this action.”
The case now sits before US District Judge Louise Wood Flanagan.
A state court hearing in the case had been scheduled for Monday morning. That hearing was delayed.
Robinson announced his suit against CNN and Money on Oct. 15, during the closing weeks of his campaign for governor. Robinson lost the election against Josh Stein, the Democrat now serving as state attorney general.
“Today, we are taking the first step to do exactly what I said I was going to do after these scurrilous attacks were launched against myself and my family. We are holding CNN accountable,” said Robinson. “What this amounts to is, to quote Clarence Thomas: ‘This is a high-tech lynching’ on a candidate who has been targeted from day one by folks who disagree with me politically and want to see me destroyed.”
The original version of the lawsuit sought $50 million in damages. Robinson amended the complaint to seek damages in excess of $25,000 after Money filed a court document emphasizing that North Carolina court rules ban plaintiffs from specifying details of the damages they seek.
“The Complaint contains many impertinent and bizarre allegations, meandering into two discussions of George Soros, conspiracies about media bias, and applauding Mark Robinson for lifting himself out of bankruptcy,” Money’s lawyers wrote. “The Complaint also sues CNN, and of course the lawsuit has been highlighted by nearly every if not every local news network in North Carolina and has been discussed in the national media.”
The filing accused Robinson’s lawyers of violating court rules by announcing that the lieutenant governor sought $50 million in damages:
“[I]t has to be considered that the violation of Rule 8(a)(2) may have been for the very purpose of creating media attention for Mr. Robinson’s campaign by creating a rambling narrative regarding CNN, Mr. Robinson, and a man who did an obscure video poking fun of Mr. Robinson for frequenting a pornography store (which the Complaint seems to at least partially agree with) … and for owing him $25. Somehow, according to Mr. Robinson, that caused him $50,000,000 of damages.”
