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Rupert Murdoch says some Fox News anchors ‘endorsed’ false election fraud claims in Dominion case

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Members of Rise and Resist participate in their weekly “Truth Tuesday” protest at News Corp headquarters on February 21, 2023 in New York City.
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Michael M. Santiago | Getty Images News | Getty Images

Fox Corp. Chairman Rupert Murdoch said some anchors of the company’s TV networks parroted false fraud claims in the months following the 2020 election, according to new court papers out Monday.
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In new filings as part of Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox and its networks, Murdoch said he doubted the election fraud claims being aired on Fox News and Fox Business Network.

Murdoch also acknowledged that Fox’s TV hosts endorsed the false election fraud claims. In unveiled question and answers from Murdoch’s deposition, when Murdoch was asked if he was “now aware that Fox endorsed at times this false notion of a stolen election,” Murdoch responded, “Not Fox, no. Not Fox. But maybe Lou Dobbs, maybe Maria [Bartiromo] as commentators.”

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“Some of our commentators were endorsing it,” Murdoch said in his responses during the deposition. “They endorsed.”

Dominion sued Fox and its right-wing cable networks, Fox News and Fox Business, arguing the networks and its personalities made false claims that its voting machines rigged the results of the 2020 election. Fox News has consistently denied that it knowingly made false claims about the election, and has said “the core of this case remains about freedom of the press and freedom of speech.”

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In earlier court papers, Fox said that the past year of discovery has shown the company played “no role in the creation and publication of the challenged statements — all of which aired on either Fox Business Network or Fox News Channel.”

Murdoch and his son, Fox CEO Lachlan Murdoch, as well as Fox’s chief legal and policy officer Viet Dinh, were questioned in connection with the lawsuit in recent months. Earlier in February court papers were released that showed snippets of the evidence Dominion gathered through the months-long process of discovery and depositions, which also included Fox TV personalities.

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Text messages and testimony have shown Fox executives and Fox’s TV anchors were skeptical about claims that the election between Joe Biden, a Democrat, and Trump, a Republican, was rigged.

Dominion said in court papers filed Monday that Fox’s defense that the statements made were opinion “goes nowhere.”

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“Even if some of Fox’s hosts’ statements could qualify as ‘opinions,’ they are still actionable if—as here—they are based on false or undisclosed facts,” Dominion said.

A representative for Fox News reiterated in a statement on Monday that Dominion mischaracterized the facts by cherry-picking soundbites: “When Dominion is not mischaracterizing the law, it is mischaracterizing the facts.”

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Fox has also targeted Dominion’s private-equity owner in court papers regarding Dominion’s request for $1.6 billion in damages, saying the firm “paid a small fraction of that amount” to buy Dominion. Fox has also said in court papers the $1.6 billion figure has no connection to Dominion’s financial value.

“Dominion’s lawsuit has always been more about what will generate headlines than what can withstand legal and factual scrutiny, as illustrated by them now being forced to slash their fanciful damages demand by more than half a billion dollars after their own expert debunked its implausible claims,” said a Fox spokesperson in a statement Monday. “Their summary judgment motion took an extreme, unsupported view of defamation law that would prevent journalists from basic reporting and their efforts to publicly smear FOX for covering and commenting on allegations by a sitting President of the United States should be recognized for what it is: a blatant violation of the First Amendment.”

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A Dominion spokesperson said Monday, “The damages claim remains. As Fox well knows, our damages exceed $1.6 billion.”

Dominion brought its lawsuit not only against the TV networks, but parent company Fox Corp., arguing the parent company and its top executives played a role in the spread of misinformation about voter fraud by Fox’s personalities. A Delaware judge had ruled Dominion’s case could be expanded beyond the networks to include Fox Corp.

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Monday’s court filings show Murdoch and other Fox executives remained closed to Fox News CEO Suzanne Scott during the election coverage.

“I’m a journalist at heart. I like to be involved in these things,” Murdoch said during his deposition testimony, according to court papers.

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Tucker Carlson, host of “Tucker Carlson Tonight,” poses for photos in a Fox News Channel studio, in New York.

Richard Drew | AP

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Earlier court papers have shown top anchors including Sean Hannity, Tucker Carlson and Laura Ingraham expressed disbelief in Sidney Powell, a pro-Trump attorney who aggressively promoted claims of election fraud, at the time.

Paul Ryan, the former Republican speaker of the House and a Fox board member, also sat for questioning as part of the lawsuit. Court papers out Monday show Ryan said that “these conspiracy theories were baseless,” and that the network “should labor to dispel conspiracy theories if and when they pop up.”

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Ryan also told both Rupert and Lachlan Murdoch “that Fox News should not be spreading conspiracy theories,” according to the filings.

Dominion alleges that Fox News anchors were feeling pressure from the audience and related to rival right-wing networks like Newsmax, fueling on-air fraud claims.

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The court papers have also shown other glimpses of the network’s internal response to the events that occurred on Jan. 6, 2021, the day a violent mob breached the U.S. Capitol in support of then-President Donald Trump.

Fox executives shut down Trump’s attempt to appear on the network’s air that evening, after he dialed into on-air personality Lou Dobbs’ show in the afternoon, court filings show.

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That same evening, Carlson texted his producer calling Trump “a demonic force. A destroyer. But he’s not going to destroy us,” referring to Fox’s network and its audience, court papers show.

Meanwhile, the night before Jan. 6, court papers showed, Murdoch told Fox News CEO Suzanne Scott, “it’s been suggested our prime time three should independently or together say something like ‘the election is over and Joe Biden won.’”

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The lawsuit is being closely monitored by First Amendment watchdogs and experts. Libel lawsuits are typically focused on one falsehood, but in this case Dominion cites a lengthy list of examples of Fox TV hosts making false claims even after they were proven to be untrue. Media companies are often broadly protected by the First Amendment.

A status conference in the case is slated for next week, and the trial is set to begin in mid-April.

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Lululemon shares jump as holiday-quarter sales surge

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A Lululemon sign is seen at a shopping mall in San Diego, California, November, 23, 2022.
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Lululemon on Tuesday reported strong holiday-quarter sales, suggesting wealthier shoppers are still purchasing yoga pants and tops despite rising prices for essential goods.
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The company also issued upbeat guidance for its new fiscal year.

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Shares of Lululemon jumped about 11% in after-hours trading following the report. Through Tuesday’s close, the stock is about flat for the year, putting the company’s market value at $40.87 billion.

Here’s what the company reported for the three-month period ended Jan. 29, compared with Wall Street expectations based on a survey of analysts by Refinitiv:

  • Earnings per share: $4.40 adjusted vs $4.26 expected
  • Revenue: $2.77 billion vs. $2.7 billion expected

Lululemon’s fourth-quarter net income fell to $119.8 million, or 94 cents per share, from $434.5 billion, or $3.36 per share, a year ago. Excluding impairment and other charges related to the acquisition of Mirror, as well as other items, per-share earnings were $4.40.

Revenue rose to $2.77 billion from $2.13 billion a year ago.

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The company expects fiscal 2023 revenue of between $9.3 billion and $9.41 billion, topping Wall Street’s expectations of $9.14 billion, according to Refinitiv estimates. The company expects full-year profit of between $11.50 and $11.72 per share, compared with Refinitiv estimates of $11.26 per share.

“Looking ahead, we remain optimistic regarding our ability to deliver sustained growth and long-term value for all our stakeholders,” said Chief Financial Officer Meghan Frank in a statement.

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The Vancouver-based athletic apparel retailer said total comparable sales for the fourth quarter increased by 27%. Also called same-store sales, the metric includes sales from stores open continuously for at least 12 months.

“We believe that it is one of the few companies in the space that has a very long pathway for growth, and it’s also a very highly visible one,” said Rick Patel, managing director at Raymond James.

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Patel said his firm, which maintains a strong buy rating on the stock, sees upside in Lululemon’s international business and its men’s business, and that the worst of the company’s inventory struggles are in the past.

In December, Lululemon said inventories at the end of its third quarter were up 85% year-over-year. The company said Tuesday that as of the end of 2022, inventories were up 50%.

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Dollar General in settlement talks over workplace safety violations, federal agency says

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The exterior of a Dollar General convenience store is seen on March 16, 2023 in Austin, Texas.
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Dollar General is in settlement talks with federal regulators after the discount retailer was labeled a “severe violator” of workplace safety rules, according to a spokesperson for the Occupational Safety and Health Administration.
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The spokesperson said the “mandatory settlement proceedings” before the agency’s review commission would occur “pursuant to Commission rules.” OSHA is part of the Department of Labor.

Dollar General did not comment directly on the settlement talks. Until recently, the discount retailer was unwilling to engage with OSHA about the violations, according to federal officials who spoke to The New York Times under the condition of anonymity. 

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A Dollar General spokesperson told CNBC “we regularly review and refine our safety programs, and reinforce them through training, ongoing communication, recognition and accountability.”

“When we learn of situations where we have failed to live up to this commitment, we work to address the issue and ensure the company’s expectations regarding safety are clearly communicated, understood and implemented,” the spokesperson added. 

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Dollar General has been accused of exposing workers to fire hazards and other safety concerns, such as merchandise stacked at unsafe heights, leading to “chronic failures to meet federal safety requirements,” according to OSHA.

Since 2017, OSHA inspected over 270 Dollar General stores, finding more than 100 workplace safety violations. OSHA also issued Dollar General over $15 million in fines. The company operates more locations in the U.S. than Target and Walmart.

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Dollar General was the first company to be added to the “severe violators” list last fall after OSHA expanded the reach of one of its longstanding safety enforcement programs. That program, dubbed the Severe Violator Enforcement Program, was traditionally aimed at companies with notably unsafe working conditions, like manufacturers or construction firms. 

Under the program, OSHA officials can inspect a store at random, without a direct complaint about working conditions. 

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The Tennessee-based company rapidly expanded throughout the pandemic, opening thousands of new locations. Amid this growth and profitability, the company also faced criticism from other workers’ rights advocates, making it a logical target for the Biden administration

“Dollar General’s growing record of disregard for safety measures makes it abundantly clear that the company puts profit before people,” said OSHA regional administrator Kurt Petermeyer in a January news release. “These violations are preventable, and failing to prevent them shows a blatant disregard for the workers on whom they depend to keep their stores operating.” 

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Throughout the course of their inspections, OSHA officials have found everything from blocked fire exits to unstable stacked merchandise that could fall on workers. 



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Home prices cool in January, even falling in some cities, S&P Case-Shiller says

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A “For Sale” sign outside of a home in Atlanta, Georgia, on Friday, Feb. 17, 2023.
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Home prices cooled in January, up only 3.8% nationally than they were a year earlier, according to the S&P CoreLogic Case-Shiller U.S. National Home Price NSA Index. That is down from 5.6% in December.
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Prices have been falling for seven straight months, but the decline was a bit smaller in January. That was likely due to a brief drop in mortgage rates and a resulting jump in sales.

The 10-city composite rose 2.5% year over year, down from 4.4% in December. The 20-city composite also rose 2.5%, down from 4.6% in the previous month.

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Home prices have been cooling due to higher mortgage rates. The average rate on the popular 30-year fixed mortgage set more than a dozen record lows during the first two years of the pandemic, briefly going below 2%, but it grew sharply. Since fall, the rate has been hovering in the high 6% range, although it’s been volatile in recent weeks due to several bank failures and the resulting stress on the overall banking industry.

“Despite this, the Federal Reserve remains focused on its inflation-reduction targets, which suggest that rates may remain elevated in the near-term,” said Craig Lazzara, managing director at S&P DJI, in a release. “Mortgage financing and the prospect of economic weakness are therefore likely to remain a headwind for housing prices for at least the next several months.”

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Prices were lower year over year in San Francisco (-7.6%), Seattle (-5.1%), Portland, Oregon (-0.5%) and San Diego (-1.4%). They were flat in Phoenix.

Miami, Tampa and Atlanta again saw the hottest annual price gains of the top 20 cities. Miami prices were up 13.8%, Tampa prices up 10.5%, and Atlanta prices rose 8.4%. All 20 cities, however, reported lower prices in the year ending January 2023 versus the year ending December 2022.

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Homebuyers may be seeing more flexible sellers this spring, but there are still too few homes available for sale. Mortgage lending may also tighten in light of pressure on the banking system.

“More expensive, less available borrowing, especially with an unclear economic outlook, is likely to continue to limit buyer demand. Though home sales are expected to rebound in line with seasonal trends, this spring’s sales pace is expected to remain lower than last year, as uncertainty and high costs limit activity,” said Hannah Jones, economic data analyst for Realtor.com.

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