Dominion Voting Systems and Smartmatic USA are likely to succeed in their defamation lawsuits against conservative personalities and Fox News, according to legal experts. The two election technology firms have filed billion-dollar suits against supporters of former President Donald Trump, accusing them of spreading Conspiracy theories to undermine President Joe Biden’s election victory. Dominion has sued Rudy Giuliani, Sidney Powell, and MyPillow CEO Mike Lindell, while Smartmatic has sued Giuliani, Powell, Fox News, and its hosts Lou Dobbs, Maria Bartiromo, and Jeanine Pirro. While the companies have a good chance of winning, they still have much to prove in court.
Dominion’s lawsuits are being heard by District Judge Carl Nichols, a Trump appointee, while Smartmatic’s suit is before Judge David Cohen, a Democrat. However, it is still too early to determine the amount of money the companies could win. The figures being requested are large, and they may change as judges and juries consider the facts. To win a defamation case, the plaintiffs must demonstrate that the defendants made false statements of fact that caused harm. If the plaintiffs are considered public figures, they must also prove that the defendants acted with “actual malice.” Dominion and Smartmatic would face a lower burden of proof if they were considered private figures, but Fox News has argued that Smartmatic is a public figure.
The false statements at the center of the lawsuits include claims by Giuliani, Powell, and Lindell that Dominion and Smartmatic were involved in Election fraud, with Dominion allegedly being owned by Smartmatic and created to fix elections on the direction of the deceased Venezuelan dictator Hugo Chavez. Legal experts believe that the lawsuits against Giuliani and Powell are more straightforward, as there is evidence to suggest actual malice on their part. However, the case against Fox News and its hosts may be more challenging.
Smartmatic argues that Fox News and its hosts knew that the claims made by Giuliani and Powell were false but still allowed them to be aired. The company contends that comments made by other Fox News journalists, such as Eric Shawn and Tucker Carlson, indicated that Fox had no evidence to support the claims made by Giuliani and Powell. Fox News and its hosts have already requested the judge to dismiss the Smartmatic suit, arguing that they were simply reporting on newsworthy claims made by the then-president and his supporters.
If Dominion and Smartmatic win their cases, it may still be difficult for them to receive the billions of dollars they are seeking. They would need to prove the actual damages they suffered as a result of the false statements, such as lost business contracts. They may also be awarded punitive damages, intended to deter the defendants from spreading lies in the future. However, obtaining punitive damages could be challenging, as it requires demonstrating an intent to harm the companies. Additionally, some states have caps on the amount of damages that can be awarded in civil suits. Dominion CEO John Poulos acknowledged that the requested $1.3 billion in damages could change, but emphasized the devastating reputational damage suffered by the company.
Original Story at www.cnbc.com – 2021-02-24 08:00:00