Fox Corp. and its TV networks have agreed to pay $787.5 million to settle Dominion Voting Systems’ defamation lawsuit. However, the media giant still faces another defamation case filed by voting software company Smartmatic USA, seeking $2.7 billion in damages, which is over $1 billion more than Dominion initially sought in its lawsuit. Smartmatic’s lawsuit accuses Fox and its hosts of not only reporting false claims but also endorsing and participating in spreading those claims with reckless disregard for the truth.
Smartmatic’s defamation case against Fox specifically names host Maria Bartiromo, Jeanine Pirro, and former host Lou Dobbs. Dobbs’ show was canceled shortly after he was named as a defendant in Smartmatic’s lawsuit. The lawsuit alleges that Fox and its hosts purposely avoided publicly available knowledge that would have disproved the claims of Smartmatic’s software and Dominion’s machines being used to switch votes.
While Dominion’s lawsuit against Fox has been settled, it remains unclear how or whether the settlement will affect Smartmatic’s case. Smartmatic’s attorney Erik Connolley stated that Smartmatic is committed to clearing its name and holding Fox accountable for undermining democracy. Fox, on the other hand, said it will be ready to defend the Smartmatic case when it goes to trial, likely in 2025. Fox also called Smartmatic’s damages claim implausible and intended to chill First Amendment freedoms.
The cases of Dominion and Smartmatic have recently overlapped. Smartmatic filed a motion seeking the Supreme Court of New York to compel Fox to reproduce all relevant documents and depositions from the Dominion actions. This filing came as the Delaware judge presiding over Dominion’s case sanctioned Fox News for withholding evidence. Smartmatic argued that Dominion’s case should set the benchmark for its own case against Fox.
Fox filed court papers denying the allegations made by Smartmatic. While both Dominion and Fox urged the judge to make a ruling and bypass a trial, Judge Eric Davis stated that the case should proceed to be determined in a courtroom. Davis did find statements regarding Election fraud defamatory but stopped short of ruling that Fox acted with malice.
Hootan Yagoobzadeh, the co-founder of Staple Street Capital, Dominion’s private-equity backer, stated that Dominion wasn’t willing to settle until all the information was able to see the light of day. Throughout both lawsuits, Fox has claimed protection under the First Amendment. In a statement, Fox acknowledged the court’s rulings finding certain claims about Dominion to be false and expressed hope that the settlement would allow the country to move forward from these issues.
In conclusion, while Fox has settled Dominion’s defamation lawsuit, it still faces a defamation case filed by Smartmatic seeking higher damages. Smartmatic alleges that Fox and its hosts not only reported false claims but also endorsed and participated in spreading those claims. The outcome of Smartmatic’s case remains uncertain, but both parties are preparing for a trial likely to take place in 2025.
Original Story at www.cnbc.com – 2023-04-19 07:00:00