Dominion Voting Systems has raised the stakes in its sprawling $1.7 billion defamation lawsuit against Fox News.
Dobbs’s Fox Business show last year, a day after he was named in the Smartmatic suit against the network.)
Dominion did not reply to a request for comment, and Fox News said in a statement: “We are confident we will prevail as freedom of the press is foundational to our democracy and must be protected, in addition to the damages claims being outrageous, unsupported and not rooted in sound financial analysis, serving as nothing more than a flagrant attempt to deter our journalists from doing their jobs.
At this point, there are no signs of a settlement, and based on the court filings , the case looks as if it really could go to trial. It’s scheduled to begin in April 2023 in Delaware state court, and two legal issues will likely get a lot of attention: the fault standard and opinion protections. Some background here is useful.
The fault standard is one of those elements. Public officials and figures must prove that a libelous statement was published with knowledge that it was false or with reckless disregard of its truth or falsity . Dominion could be deemed a public figure if, say, the court concluded that the company was prominent in its field before Fox made it a household name.
There’s no doubt that in the depositions and interrogatories, along with the efforts to obtain Fox emails and texts, Dominion is probing the extent to which Fox personnel knew they were airing false statements or aired them with reckless disregard of their truth or falsity. The latterof a “high degree of awareness of their probable falsity.
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