FOX - Dominion wins partial victory against Fox as $1.6B defamation case heads to trial

2023-03-31 17:02:23 ET

Dominion Voting Systems has won a partial (but big) ruling in its favor in its $1.6B defamation lawsuit against Fox News and Fox ( NASDAQ: FOX ) ( NASDAQ: FOXA ), as the judge in the case granted summary judgement to Dominion on its false-statements claims and sent the rest to proceed to a trial that's likely to include prominent witnesses.

That included finding as a mater of law that Fox's statements about Dominion were false, while denying Fox's attempt to dismiss the case.

"The evidence developed in this civil proceeding demonstrates that it's CRYSTAL clear that none of the Statements relating to Dominion about the 2020 election are true," Delaware Superior Court Judge Eric Davis said in his ruling. "Therefore, the Court will grant summary judgment in favor of Dominion on the element of falsity."

That establishes defamation per se, suggesting Fox could be liable without Dominion having to prove damages.

And it moves the matter of whether Fox acted with actual malice to be decided by a jury, which could decide that Fox is liable for a verdict surpassing $1B.

Dominion alleged that Fox News repeatedly made false claims that the company had helped rig the 2020 election.

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