With a $1.6 billion question on the line, it would be an understatement to call this an unusual and historic case. (via Deadline: Legal Blog)
of internal Fox communications — as well as the network’s apparent appetite to fight the case, nonetheless. The most surprising thing about the dispute so far may be that it’s going to trial at all.
It’s an understatement to call this an unusual case, including for the sheer volume of powerful evidence that Dominion has amassed. In fact, that unusually strong evidence has put Dominion in an unusually strong legal position ahead of the trial. When I wrote above that there’s no question Fox News aired false claims, that’s not my opinion. That’s according to a pretrial ruling from Judge Eric Davis, who’s overseeing this civil case.
clear that none of the statements relating to Dominion about the 2020 election are true.” But he said there’s enough of a dispute over the narrower actual malice question to go to a jury, along with questions over the involvement of Fox News' parent company, Fox Corporation, in publishing false statements and whether Dominion incurred damages. So even if the voting machine company wins, that doesn’t automatically mean it will reap an eye-popping sum.
But what’s Fox’s defense? Given how legally hobbled it is by Davis’ pretrial rulings, it will be interesting to see how the defense handles a jury that’s about to be bombarded with reams of damning evidence — at least Dominion hopes so. Defense lawyers may therefore need to lean in to that generally hard-to-prove actual malice standard.
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