Dominion Voting Systems and Fox News face key hurdles in defamation suit hearing

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Dominion Voting Systems and Fox News face key hurdles in defamation suit hearing
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Dominion Voting Systems to face a key hurdle in its effort to recover $1.6 billion from Fox News and Fox Corp. when a Delaware judge considers whether to rule on any part of the case ahead of a jury trial.

Drew Angerer / Getty Images fileDominion Voting Systems will face a key hurdle in its effort to recover $1.6 billion from Fox News and Fox Corp. on Tuesday, when a Delaware judge considers whether to rule on any part of the case ahead of a jury trial.

Both sides have argued that the evidence is so convincing that a jury trial is unnecessary, with Dominion arguing that there’s no defense for the alleged defamation and Fox News arguing that the First Amendment protects its coverage.

If that happens, Dominion's case would then focus on whether Fox News and Fox Corp. acted with"actual malice" — knowing falsity or reckless disregard for the truth — in publishing the claims.

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