If the case doesn’t settle, Smartmatic’s defamation trial could happen this year.
You may recall that voting technology company Smartmatic filed a defamation case similar to the one filed by Dominion Voting Systems, except for a lot more money. Dominion sued for $1.6 billion, and settled for $787.5 million. Smartmatic has sued Fox News; its parent corporation, Fox Corp.; former Fox Business Host Lou Dobbs (now deceased); and two current Fox News hosts, Jeanine Pirro and Maria Bartiromo (also a Fox Business host), for $2.7 billion.
Fox Corp. tried and failed to get the case dismissed against that entity. Then it appealed. That appeal has just failed, too.
From The New York Times:
On Thursday, a five-judge panel in the First Department of the New York State Supreme Court’s Appellate Division affirmed a previous ruling denying Fox’s motion to have Smartmatic’s suit dismissed.
The judges said they found that Smartmatic’s claims that Fox Corporation directed Fox News to promote “a disinformation campaign in the post-election coverage, along with the allegations of Fox Corporation’s active participation in Fox News Network’s daily operations in connection with that coverage,” were sufficient to proceed with the case.
CNN noted that both Fox News and Fox Corp. “have mounted multiple unsuccessful efforts to dismiss the massive defamation lawsuit, which was filed in New York state court.”
You may recall that Dominion’s defamation lawsuit was considered exceptionally strong. One First Amendment legal expert called it “the strongest” he had ever seen. Given the similarities between the two cases, I’ve got to think Smartmatic’s case is just as strong. The damages may be another issue, though.
Dominion settled its case without any retraction or apology from Fox about its “fraudulent election” lies. Smartmatic’s lawyer has said that company will require both. I hope Smartmatic holds out for them regardless of whatever settlement is reached – and I predict there will be a settlement.
If the case does not settle, CNN says it could go to trial “later this year.”
(Thanks to Brian for his contribution to this post.)
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(Image by mroach from Malmö, Sweden, CC BY-SA 2.0, via Wikimedia Commons)
