Dominion Voting Systems and Fox offered dueling views of defamation law in their latest filings, as each side seeks a summary judgment ruling that could forestall a planned trial in April
) give a glimpse of how they will argue their motions for summary judgment before Delaware Superior Court later this month. Judge Eric M. Davis has scheduled oral arguments for March 21. If he turns down both summary judgment motions, a jury trial is scheduled to start in April.
In its legal filings and press statements, Fox News has defended its coverage by arguing that it was undoubtedly newsworthy: a sitting president’s allegations of election fraud. In its latest brief, its attorneys contended that if “the press was duty-bound to suppress the true fact that the sitting President of the United States was accusing Dominion and others of massive election fraud.
Dominion’s attorneys also argued that they have firmly established that Fox knew the statements were false or acted with reckless disregard for the truth, the threshold that plaintiffs have to prove to win a defamation judgment in a case like this.
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