The owner of One America News Network has lost a major judgment in a lawsuit against DirecTV over the TV provider’s decision to remove OAN from its channel lineup. OAN owner Herring Networks sued DirecTV and its owner AT&T for breach of contract in March 2022.
For Herring Networks, the lawsuit has always seemed like an uphill battle. Because DirecTV did not take OAN off the air while he was still under contract to carry him. Instead, DirecTV chose to wait until the carriage contract expired and not renew it.
Most of OAN’s claims were dismissed in a ruling issued last week by California Superior Court Judge John Meyer in San Diego County. DirecTV filed an anti-SLAPP (Strategic Action Against Public Participation) complaint to dismiss Herring Networks’ claims. DirecTV’s motion was granted in part and denied in part.
“As to the breach of the implied covenant claim, to the extent that it is based on non-renewal of the affiliation contract, the claim fails because the contract contains a fixed expiry date and there is no provision giving Haring a renewal.” said the ruling. Said.
DirecTV: “We expected this positive outcome”
Meyer issued an “interim ruling” on Thursday and held a five-minute hearing on Friday. The Times of San Diego reported that at the hearing, “three attorneys for Haring and five others representing the defendants voted in favor of the interim judgment delivered Thursday night.”
We have contacted Herring Networks about this ruling and will update this article when we receive a response.
DirecTV said it expects a ruling in its favor. In a statement provided to Ars, DirecTV said, “While we anticipated this positive outcome, the judge ruled in our favor and our decision not to renew our commercial contract with the programmer. (AT&T completed the DirecTV spinoff in 2021, but still owns 70% of the satellite provider.)
Herring Networks’ only allegation surviving the judgment is that DirecTV violated its confidentiality agreement by publicly disclosing the expiration date of its OAN transportation contract. The judge wrote that Herring “properly alleges a breach of confidentiality” and is “entitled to at least nominal damages” if she wins that allegation at trial.
The ruling concluded, “The court will dismiss all claims, except claims for breach of contract, so long as DirecTV discloses the expiration date of its current partnership agreement.”
Herring Networks “fends off efforts to fully end breach of contract lawsuit,” but ruling means it “may be unlucky to claim losses ‘over $1 billion,'” Times of San Diego The paper is writing
OAN accused of ‘electoral fraud lies’
Herring’s complaint against DirecTV and AT&T alleges that the lawsuit “extends the unbridled influence and influence defendants exercised to unlawfully destroy independent, family-run businesses and interfere with American television viewers’ right to view news media.” It’s an attempt to correct power,” he said. Channels and programs of their choice. “
DirecTV has announced its decision to retire OAN in January 2022, amid pressure from advocacy groups. Media Matters, Free Press, and other groups have sent letters to AT&T and DirecTV, accusing OAN of being “a major supporter of the Stop the Steal movement and spreading election fraud lies that claim the 2020 election was stolen.” I am currently being sued by Dominion for spreading it.” From Donald Trump. The group letter stated that OAN had “stok[ed] Violent Call for Attacks on the U.S. Capitol” and “A Wall of COVID-19 Disinformation” aired.
OAN host Dan Ball called DirecTV’s non-renewal “censorship at its best,” telling viewers to “call AT&T’s support line. Call every hour, set an alarm on your phone and blow up the phone lines.” , requires them to maintain OAN. “
OAN would later lose its last major TV distributor, Verizon FiOS. But DirecTV’s suspension hit OAN financially the hardest.
Herring Networks lost a defamation lawsuit filed by voting machine company Dominion. In a November 2022 decision in the United States District Court for the District of Columbia, Judge Carl Nichols denied Hering’s motion to dismiss the lawsuit.
Herring was also sued for defamation by voting machine company SmartMatic in a separate lawsuit being heard by the same judge.Herring also dismissed its motion to dismiss the lawsuit.
