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November 15, 2020 -- Fox’s daytime average audience reaches a 35% decline since the eve of the election, according to statistics cited in Dominion's lawsuit. March 26, 2021 -- Dominion sues Fox News in Delaware Superior Court. March 31, 2023 -- Davis rules that the statements aired on Fox were false, defamatory and not covered by legal protections for the press under the U.S. Constitution's First Amendment. April 12, 2023 -- Davis sanctions Fox after it was revealed that the network failed to turn over relevant recordings and transcripts until the eve of trial. April 16, 2023 -- Davis delays trial by one day without giving a reason, but two sources told Reuters that Fox and Dominion were holding last-minute settlement talks.
A person walks by Fox News signage posted on the News Corporation building in New York City, April 12, 2023WILMINGTON, Del. — Opening arguments were delayed Tuesday in the Dominion Voting Systems' defamation lawsuit accusing Fox News of spreading the damaging falsehood that the company rigged the 2020 election. The person, a Fox News representative, was forced to delete the photos and permanently exit the courtroom. The Fox representative misunderstood the courtroom rules and apologized, adding that the pictures were deleted immediately, the company told CNBC. I'm not going to give you an extra day," Davis told attorneys for both camps.
A Fox victory — after it limped into trial amid a series of legal setbacks — would be a major triumph for the network. “In the coming weeks, we will prove Fox spread lies causing enormous damage to Dominion. We look forward to trial,” a Dominion spokesperson said in a statement on the eve of trial. Pretrial dramaThus far, Fox News has faced an uphill battle in court, as the case careened toward trial. The outcome of the trial, however, is not likely to dramatically change the dishonest way in which Fox News operates.
The source, who was not authorized to speak publicly, told Reuters that Fox was seeking a possible settlement. The Washington Post and the Wall Street Journal also reported that Fox was pursuing settlement talks, citing sources. Dominion is suing Fox Corp (FOXA.O) and Fox News in a defamation lawsuit over the network's coverage of the 2020 U.S. presidential election. Davis on Wednesday sanctioned Fox News, handing Dominion a fresh chance to gather evidence after Fox withheld records until the eve of the trial. An expert report commissioned by Dominion attributed scores of lost contracts to Fox's coverage, though much of the report remains under seal.
April 16 (Reuters) - A judge in Delaware on Sunday delayed by one day the start of trial in a $1.6 billion defamation lawsuit by Dominion Voting Systems against Fox Corp (FOXA.O), a courthouse spokesperson said. "The Court has decided to continue the start of the trial, including jury selection, until Tuesday, April 18, 2023 at 9:00 a.m. I will make such an announcement tomorrow at 9:00 a.m. in Courtroom 7E," said Judge Eric Davis, according to the statement. Davis had said on Thursday he expected to conclude jury selection on Monday and proceed to opening statements. The trial is one of the most closely watched U.S. defamation cases in years, involving a leading cable news outlet with numerous conservative commentators.
What they alleged: Election fraud, algorithm flips, Venezuela ties, kickbacks. What they alleged: Election fraud, algorithm flips, Venezuela ties. #MAGA @realDonaldTrump #AmericaFirst #Dobbs,” Dobbs wrote. #MAGA #AmericaFirst #Dobbs,” Dobbs wrote. Key false quote: “Every outlet in the country, they go, ‘Mike Lindell, there’s no evidence, and he’s making fraudulent statements.’ No.
Dominion Voting Systems' $1.6 billion civil defamation lawsuit against Fox News has been delayed on the eve of its scheduled start date, an official for the court hearing the case said Sunday. Spokespeople for Fox and Dominion did not immediately provide statements when asked for comment after the delay was announced Sunday night. Fox has argued that Dominion has not met the legal standard for defamation, and that the statements made about Dominion on its air were protected by the First Amendment. The Wall Street Journal reported earlier Sunday evening that Fox has made a last-minute push to settle the lawsuit out of court. But as recently as Saturday, the possibility of Dominion and Fox avoiding trial seemed as unlikely as ever.
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Investors are using provisions in Delaware corporate law to demand internal Fox records to investigate how Fox's leaders acted as its Fox News network aired segments on Trump's false claims that he lost the 2020 presidential election due to voter fraud, two sources confirmed. In moves not previously reported, shareholders are looking for records such as board minutes, emails and texts that may contain evidence that Fox directors and executives were derelict by allowing the network to air the false claims. It was not clear how many Fox shareholders are pursuing information demands. Fox has argued that Dominion's case falls short of proving actual malice and its damages request is "untethered from reality." If Fox prevails in the Dominion case, the shareholders' cases would not be as strong, said Ann Lipton, a professor at Tulane University Law School.
Fox is pushing Dominion to settle its $1.6 billion defamation lawsuit, WSJ and Reuters report. Fox made a last-minute attempt to settle the case out of court, the Wall Street Journal reported, citing people familiar with the situation. A spokesperson for Fox Corp., the parent company of Fox News, declined to comment to Insider on the record. Fox Corp. CEO Lachlan Murdoch and Chairman Rupert Murdoch. Adrian Edwards/GC ImagesIn his own messages and depositions, Fox Corp.
CNN —Delaware Superior Court Judge Eric Davis said Monday that the delay in the Fox-Dominion defamation trial “is not unusual” and told the parties that he expects them back on Tuesday to finish jury selection and start the trial. “I made the decision to delay the start of the trial until tomorrow,” Davis said in court, later adding that “it’s a six-week trial. The high-stakes defamation trial against Fox News, initially set to begin with opening statements on Monday, was abruptly delayed on Sunday evening, in an eleventh-hour twist. What to know about the high-stakes trialThe historic defamation lawsuit brought against Fox News by Dominion Voting Systems could have significant ramifications for the right-wing cable channel. But in a major blow to the right-wing network last month, the judge overseeing the case allowed it to go to trial.
Fox-Dominion defamation trial delayed by one day
  + stars: | 2023-04-17 | by ( Reuters Editorial | ) www.reuters.com   time to read: 1 min
PoliticsFox-Dominion defamation trial delayed by one dayPostedThe trial in the $1.6 billion defamation lawsuit by Dominion Voting Systems against Fox Corp and Fox News is scheduled to proceed on Tuesday rather than Monday. A source told Reuters that Fox had been pursuing a possible settlement in the high-stakes case. This report produced by Jillian Kitchener.
Dominion sued Fox Corp and Fox News. Rupert Murdoch, the chair of Fox Corp, is set to testify during the trial, along with a parade of Fox executives and on-air hosts, including Tucker Carlson, Sean Hannity and Jeanine Pirro. Fox's filing cited a Friday email from a Dominion lawyer saying that Dominion would not pursue its lost profit claim at the trial. Davis on Wednesday sanctioned Fox News, handing Dominion a fresh chance to gather evidence after Fox withheld records until the eve of the trial. Fox has also said that Dominion cannot pin actual malice on the individuals Dominion has said were responsible for the defamatory statements.
Fox has said Dominion cannot prove that the network knowingly spread falsehoods or recklessly disregarded the truth, the legal standard of "actual malice" that plaintiffs in defamation lawsuits must meet. Fox is now largely limited to arguing that Dominion cannot prove actual malice. Fox has called Dominion's lawsuit an assault on the free press and framed its stance in the case as a defense of journalism and diversity of ideas in the public square. Fox has attacked the credibility of Dominion's damages estimate, saying it is based upon unrealistic growth projections and faulty assumptions. An expert report commissioned by the company attributed scores of lost contracts to Fox's coverage, though much of the report remains under seal.
Wilmington, Delaware CNN —Dominion Voting Systems’ high-stakes defamation trial against Fox News, which was supposed to begin Monday, was abruptly delayed on Sunday evening, in a stunning eleventh-hour twist that threw into question whether a settlement was in the works. Opening statements were expected on Monday, but the Delaware Superior Court said in a surprise announcement that “the start of the trial” will now be Tuesday. “The Court has decided to continue the start of the trial, including jury selection, until Tuesday, April 18, 2023 at 9:00 a.m. Neither Dominion nor Fox commented on the delay Sunday. It says it was defamed by the right-wing network when Fox hosts and guests claimed in 2020 that its voting systems illegally rigged the election against Donald Trump.
Fox News apologized to the Delaware judge presiding over the Dominion Voting Systems' lawsuit for failing to properly define Fox Corp. Chairman Rupert Murdoch's formal role at the network, according to a letter filed with the court. "We understand the Court's concerns, apologize, and are committed to clear and full communication with the Court moving forward," Fox attorney Blake Rohrbacher wrote in the letter Friday. Dominion Voting Systems brought its defamation lawsuit against Fox and its TV networks, Fox News and Fox Business, in March 2021, arguing its hosts pushed false claims that Dominion's voting machines were rigged in the 2020 presidential election that saw President Joe Biden triumph over former President Donald Trump. Delaware Superior Court Judge Eric Davis expressed frustration with the network Tuesday for its failure to accurately disclose Murdoch's leadership role there. Fox lawyers had repeatedly claimed Murdoch did not have an official title at Fox News, only to later reveal that he serves as the Fox News Executive Chair.
But even by the standards of the profession, the language in Dominion's $1.6 billion lawsuit against Fox News has been downright apocalyptic. A victory for Dominion against Fox, they say, could wreak havoc for other journalism organizations across the country. The sheer closeness between Trump and Fox News makes a case like this unlikely to harm journalism organizations down the line, Goodale said. The vast majority of defamation cases against media organizations are settled, which gives few high-profile precedents to the Dominion lawsuit. "And that's the balance that the Sullivan court strike tried to strike in 1964.
What to know ahead of the Fox News and Dominion trial
  + stars: | 2023-04-16 | by ( Ramishah Maruf | ) edition.cnn.com   time to read: +6 min
New York CNN —A trial in a defamation suit brought against Fox News by Dominion Voting Systems is set to begin this week. Here are 5 things to know ahead of the trial. Fox was trying to block Dominion from having the Murdochs on the witness stand. Fox Corporation, the right-wing news outlet’s owner, has an estimated $4 billion in cash on hand, according to its latest earnings statement. Though major figures at Fox privately acknowledged reality – that former President Donald Trump had lost to President Joe Biden in 2020 – Fox continued to air conspiracies and lies in order to keep its large audience engaged.
Now, two voting-technology companies, Dominion Voting Systems and Smartmatic, want to make another Murdoch media property pay even more for Fox News's role in spreading election denial. But the phone-hacking scandal showed how Murdoch has weathered challenges to his power before. Another key difference from the phone-hacking scandal is the presence of written records that show Fox execs knew exactly what was going on. In the last quarter of 2022, Fox Corp. netted $321 million on $4.6 billion in revenue. And during the phone-hacking scandal, Murdoch showed fierce loyalty.
Fox has argued that Dominion cherry-picked evidence to mischaracterize the network's coverage decisions, which it said were reasonable because election-rigging claims by the president's lawyers were inherently newsworthy. Fox has said it also gave Dominion's side of the story by airing its denials. The Fox Corp chairman is set to take the witness stand, along with other executives including Fox News CEO Suzanne Scott. The trial is also due to include testimony from a parade of conservative-leaning Fox hosts including Tucker Carlson, Sean Hannity and Jeanine Pirro. Fox has attacked the credibility of Dominion's damages estimate, saying it is based upon unrealistic growth projections and faulty assumptions.
Fox News is about to enter the true No Spin Zone
  + stars: | 2023-04-14 | by ( Oliver Darcy | ) edition.cnn.com   time to read: +3 min
Good progress was made and the presiding judge noted that there were “more than enough jurors” to start the trial as scheduled on Monday. I’ve watched thousands and thousands of hours of the right-wing channel’s programming. Fox News is about to enter the true No Spin Zone, where deception is strictly prohibited. The case hasn’t even started and the presiding judge has already lost his patience with Fox’s legal team and put them on notice. But if they play out like the last few weeks of court have, Fox News is in for a brutal ride.
Fox News has sought to position its actions and election coverage as within the mainstream. Fox News is set to find itself Monday in a place it has spent two years trying to avoid: a Delaware courtroom where a jury is expected decide a once in a generation defamation case that could have broad ramifications for the network and test the contours of modern media law. The news network, a unit of Fox Corp., is accused by voting-machine company Dominion Voting Systems of airing false claims by hosts and guests that Dominion helped rig the outcome of the 2020 U.S. presidential election in favor of Joe Biden.
Fox has argued in legal filings that Dominion’s $1.6 billion damages request is “untethered from reality” and designed to enrich the company’s investors. In Delaware, attorneys are not allowed to speak directly with potential jurors. The streamlined process allows for jury selection to happen more quickly than it does in some other states: Davis has allotted two days. But it also means both sides will have a harder time trying to identify prospective jurors’ political views, which could be relevant in this case, said Gomez. “Will the facts of the case actually matter to them if they have that underlying belief?”The questions are limited to prospective jurors’ experience rather than their attitudes.
Wilmington, Delaware CNN —Jury selection is set to begin Thursday in Dominion Voting Systems’ $1.6 billion defamation trial against Fox News over the right-wing network’s promotion of debunked conspiracy theories about the 2020 presidential election. The high-stakes trial — which will put a spotlight on Fox’s 2020 election denialism and the role of disinformation in American politics — is expected to last about six weeks. The case revolves around Fox’s decision, after Donald Trump’s loss in the 2020 election, to allow haywire conspiracy theories about Dominion onto its airwaves. Dominion has argued that Fox destroyed its reputation as a trusted voting technology company by repeatedly amplifying these false claims. Fox News says it didn’t defame Dominion and maintains that it is still “proud” of its 2020 election coverage.
In explosive lawsuits filed last month, Abby Grossberg claimed Fox lawyers bullied her into protecting the network and its on-air personalities in her deposition for the Dominion Voting Systems’ case. Grossberg now accuses Scott of being complicit in the alleged coercion, according to her amended lawsuit. The network fired Grossberg after she initiated the litigation. The topic of potentially missing or withheld evidence is looming large over the Dominion case. Dominion has said that it plans to call Grossberg as a witness as part of its case against Fox News.
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