Dominion’s latest legal brief is another bad sign for Fox News. (via Deadline: Legal Blog)
The latest reminder of that comes in the voting tech, filed Wednesday. One of the important points it emphasized is that"Fox does not contest the obvious falsity of the statements about Dominion that Fox published.”The unassailable truth is that Dominion did not rig the 2020 Presidential Election, through vote- flipping software, Venezuelan connections, kickbacks, or otherwise. These basic truths undergird the legitimacy of the 2020 Presidential Election’s outcome.
Dominion, which is seeking $1.6 billion for Fox News allegedly promoting lies about Dominion's influence on the 2020 election, said the network"rebutted none" of those"indisputable" facts in its own court filings.that requires a public figure to show that the defendant in a defamation case acted with knowledge or reckless disregard of the truth.
To be sure, Dominion is pushing the arguably aggressive argument that it’s entitled to summary judgment — that is, that it should win the case even before trial. Although the company has an unusually strong case, it’s not clear that the judge overseeing the matter in Delaware state court will end it without a trial. At the same time, the unusual amount of evidence in Dominion’s favor likely means, at the very least, that Fox should losesummary judgment motion.
We’ll hopefully get a better sense of what the judge thinks of all this when oral arguments are held later this month, ahead of a possible trial in April. Unless, of course, the matter settles. But inJordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the Manhattan District Attorney’s Office and is the author of the forthcoming book “Bizarro” about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.
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