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Members of the public wait to enter the Leonard Williams Justice Center where the Dominion Voting Systems defamation trial against FOX News is taking place on April 18 in Wilmington, Delaware. (Andrew Caballero-Reynolds/AFP/Getty Images)The court is back in session after a lunch break and opening statements are expected to begin soon in the historic defamation lawsuit brought by election technology company Dominion Voting Systems against Fox News. Here’s what you need to know about the high-stakes case:Why is Dominion suing Fox News? The company alleges that people at Fox News acted with actual malice and "recklessly disregarded the truth" when they spread this disinformation about Dominion. According to Dominion’s theory of the case, Fox promoted these election conspiracy theories because "the lies were good for Fox’s business."

☆ A $787.5 Million Settlement and Embarrassing Disclosures: The Costs of Airing a Lie
▼ + stars: | 2023-04-18 | by ( Jim Rutenberg | Katie Robertson | ) www.nytimes.com time to read: +1 min

In settling with Dominion Voting Systems, Fox News has avoided an excruciating, drawn-out trial in which its founding chief, Rupert Murdoch, its top managers and its biggest stars would have had to face hostile grilling on an embarrassing question: Why did they allow a virulent and defamatory conspiracy theory about the 2020 election to spread across the network when so many of them knew it to be false? But the $787.5 million settlement agreement — among the largest defamation settlements in history — and Fox’s courthouse statement recognizing that the court had found “certain claims about Dominion” aired on its programming “to be false” — at the very least amount to a rare, high-profile acknowledgment of informational wrongdoing by a powerhouse in conservative media and America’s most popular cable network. “Money is accountability,” Stephen Shackelford, a Dominion lawyer, said outside the courthouse, “and we got that today from Fox.”The terms of the agreement, which was abruptly announced just before lawyers were expected to make opening statements, did not require Fox to apologize for any wrongdoing in its own programming — a point that Dominion was said to have been pressing for.

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.

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.

☆ Fox News settles with Dominion, averting defamation trial over its 2020 election lies
▼ + stars: | 2023-04-18 | by ( Marshall Cohen | ) edition.cnn.com time to read: +2 min

Wilmington, Delaware CNN —The judge just announced in court that a settlement has been reached in the historic defamation case between Fox News and Dominion Voting Systems. “The parties have resolved their case,” Superior Court Judge Eric Davis said. By settling with Dominion, influential Fox News executives and prominent on-air personalities will be spared from testifying about their 2020 election coverage, which was filled with lies about voter fraud. They denied Dominion’s claim that they promoted these election conspiracies to save their falling ratings after the 2020 election. While the Dominion case is now over, Fox News is still facing a second major defamation lawsuit from Smartmatic, another voting technology company that was smeared on Fox shows after the 2020 election.

☆ Why Fox News Had to Settle With Dominion - The New York Times
▼ + stars: | 2023-04-18 | by ( Michelle Goldberg | ) www.nytimes.com time to read: +2 min

Davis prohibited Fox from arguing that the network was merely reporting on allegations made by Donald Trump and his lawyers, which Fox contended were newsworthy whether or not they were true. So the case would turn not on whether Fox had aired defamatory falsehoods, which Davis determined it had, but on whether, in airing defamatory falsehoods, Fox had displayed “actual malice” — essentially, reckless disregard for the truth. The evidence for such reckless disregard brought to light by Dominion’s lawyers during the discovery phase of the case was already overwhelming, and the trial promised more to come. A filing that Fox’s lawyers made last week demonstrated their predicament. “To defend this case, Fox witnesses must be able to testify about the reasons why Fox covered the allegations on the air,” said the filing.

☆ Podcast: Stranded in Sudan - a deadly struggle for power
▼ + stars: | 2023-04-17 | by ( ) www.reuters.com time to read: 1 min

Follow on Apple, Google or Spotify. Fighting on the streets of Sudan's capital Khartoum as rival military factions battle for control, raising the specter of civil war. Hungary and Poland shut their doors to Ukrainian grain, raising the stakes for global consumers. And Fox’s defamation trial is delayed for last-minute settlement talks. Our Standards: The Thomson Reuters Trust Principles.

☆ Fox News defamation trial will begin Tuesday, judge says, without explaining one-day delay
▼ + stars: | 2023-04-17 | by ( Marshall Cohen | ) edition.cnn.com time to read: +4 min

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.

☆ 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.

☆ Fox News apologizes to judge for ‘misunderstanding’ over Rupert Murdoch’s role that sparked investigation
▼ + stars: | 2023-04-15 | by ( Marshall Cohen | ) edition.cnn.com time to read: +2 min

Washington CNN —Fox News formally apologized to the judge in the Dominion defamation case, taking responsibility for the “misunderstanding” regarding Rupert Murdoch’s role at the network that led the judge to launch an investigation into potential legal misconduct by Fox, according to a letter obtained by CNN. We apologize and never intended to avoid responding to a question from the Court.”The legal spat revolves around Murdoch’s roles at Fox News and its parent company, Fox Corporation. In past court filings, and when asked directly by the judge, Fox lawyers have repeatedly said he didn’t have an official title at Fox News. But last week, Fox disclosed that he is also an executive officer at Fox News. At hearings this past week in Wilmington, Delaware, Fox attorneys said they never withheld any material from Dominion.

☆ 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.

☆ Abby Grossberg, ex-Fox News producer, escalates lawsuit against network, adds CEO Suzanne Scott as defendant
▼ + stars: | 2023-04-13 | by ( Marshall Cohen | ) edition.cnn.com time to read: +3 min

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.

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.

☆ Dominion: Jury selection to begin in defamation trial against Fox News
▼ + stars: | 2023-04-13 | by ( Marshall Cohen | ) edition.cnn.com time to read: +3 min

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.

☆ Dominion judge likely to appoint special master to investigate if Fox withheld evidence
▼ + stars: | 2023-04-12 | by ( Marshall Cohen | ) edition.cnn.com time to read: +2 min

This is very serious,” Delaware Superior Court Judge Eric Davis said Wednesday at a pretrial hearing in Wilmington. The special master will look into what sanctions might be appropriate against Fox, including potentially instructing jurors in the case that Fox inappropriately blocked Dominion from obtaining key evidence. The judge ordered Fox to preserve “any and all communications” related to the Murdoch issue. Fox denies wrongdoing and says it properly disclosed Murdoch’s roles in its public financial filings. Fox attorney Dan Webb said Wednesday that “nobody intentionally withheld information” from Dominion.

☆ Fact Check-Altered video does not show MMA fighter Fallon Fox fracturing opponent’s skull
▼ + stars: | 2023-04-11 | by ( Reuters Fact Check | ) www.reuters.com time to read: +3 min

A 2013 video of Mixed Martial Arts (MMA) fighter Fallon Fox has been shared with altered audio of her voice. The video shows an MMA fight between Fox and fighter Ericka Newsome on March 2, 2013. The clip, including the camera angle, fighter outfits and commentator’s narration, match the video shared online (7:01 timestamp). Some users online have also shared side by side photos of Fox and MMA fighter Kay Hansen to claim Fox broke Hansen’s skull (here), (here). Fallon Fox’s voice has been altered in a video on social media, and she did not fracture the opponent’s skull during the fight, Fox told Reuters.

☆ Dominion can’t bring up January 6 at Fox News defamation trial, judge rules
▼ + stars: | 2023-04-11 | by ( Marshall Cohen | ) edition.cnn.com time to read: +5 min

Wilmington, Delaware CNN —Dominion Voting Systems can’t bring up the January 6 insurrection during its upcoming defamation trial against Fox News, a Delaware judge ruled Tuesday, who also revealed at a hearing that he has been receiving death threats. The judge ruled that Fox can’t bring up broadcasts where reporters accurately fact-checked Trump’s lies about the 2020 election, to prove that other broadcasts that amplified those lies weren’t defamatory. The judge also ruled that Fox can’t use internal Dominion emails where its staffers said their products “suck” and were “riddled with bugs,” to prove that there were real concerns about Dominion machines, and therefore Fox didn’t defame Dominion. The judge overseeing Dominion’s case against Fox News also revealed Tuesday that he has received death threats. If Dominion wins, it wants Fox to pay for the beefed-up security measures that it implemented after 2020.

☆ Majed Khalil: Fox News reaches settlement with Venezuelan businessman in election defamation case
▼ + stars: | 2023-04-10 | by ( Oliver Darcy | ) edition.cnn.com time to read: +2 min

New York CNN —Fox News has settled a defamation lawsuit from a Venezuelan businessman who had accused the network of making false claims about him and the 2020 election, attorneys for the man and Fox News said Saturday in a court filing. Following the 2020 election, former Fox Business host Lou Dobbs had accused the businessman, Majed Khalil, of playing a key role in supposedly rigging the election against Donald Trump. In a tweet calling the 2020 election a “cyber Pearl Harbor,” Dobbs named Khalil as one of four people he wanted his audience to “get familiar with” for committing supposed election fraud. Fox News still faces a monster $1.6 billion defamation lawsuit from Dominion Voting Systems, which is set to go to trial in just days. Fox News has repeatedly denied any wrongdoing, maintained it is “proud” of its 2020 election coverage, and argued that Dominion’s lawsuit represents a threat to the First Amendment.

“Dominion’s defamation claim has nothing to do with the Capitol riot,” Fox’s lawyers argued in the court filings. Depending on how the judge rules, the outcome of these motions could significantly shape the trial, potentially giving one side an advantage. Both Fox and Dominion filed a slew of these pretrial motions last month, but they were under seal. “Fox’s motions attempt to narrow Dominion’s kitchen sink legal approach and return focus to the core issues,” a Fox News spokesperson said in a Thursday statement. Fox has argued that a loss will eviscerate press freedoms, and many scholars agree that the bar should remain high to prove defamation.

☆ Dominion can force Murdochs to testify at Fox News defamation trial, judge says
▼ + stars: | 2023-04-05 | by ( Marshall Cohen | ) edition.cnn.com time to read: +1 min

Washington, DC CNN —Dominion Voting Systems can force Fox Corporation executives Rupert and Lachlan Murdoch to testify on the witness stand at this month’s scheduled defamation trial, a Delaware judge said Wednesday. Delaware Superior Court Judge Eric Davis said at a hearing that if Dominion subpoenas the Murdochs to testify in person, he would not quash those subpoenas, and the Murdochs would need to show up. “They are relevant to the case… if Dominion wants to bring them live, they need to issue a trial subpoena, and I would not quash it,” Davis said. He added that “it would be my discretion that they come” to testify in-person at the trial, which is scheduled to begin later this month in Wilmington, Delaware. Fox News denies wrongdoing and says the case is a meritless assault against the First Amendment.

CNN —Fox News said in a court filing Tuesday that it plans to put some of its most prominent executives and TV hosts on the witness stand to testify as part of its defense in the Dominion defamation trial. Fox will call these witnesses as part of their defense, but Dominion also wants to question them as part of their case. The list includes Fox TV hosts Tucker Carlson, Maria Bartiromo, Sean Hannity, and Bret Baier, as well as Fox News CEO Suzanne Scott and President Jay Wallace. Last week, a Delaware judge ruled that Dominion Voting Systems’ case against Fox News will go to jury trial in mid-April. Both Fox News and Dominion had previously asked the judge to declare them the outright winner without a trial.

☆ Dominion’s historic defamation case against Fox News will go to trial, judge rules, in major decision dismantling key Fox defenses
▼ + stars: | 2023-03-31 | by ( Marshall Cohen Oliver Darcy | Marshall Cohen | Oliver Darcy | ) edition.cnn.com time to read: +8 min

New York CNN —Dominion Voting Systems’ historic defamation case against Fox News will proceed to a high-stakes jury trial in mid-April, a Delaware judge ruled Friday, in a major decision that dismantled several of the right-wing network’s key defenses. Both sides had asked Delaware Superior Court Judge Eric Davis for a pretrial ruling in their favor, declaring them the winner. After thousands of pages of filings and exhibits, and a series of courtroom clashes, Davis decided the case should go to trial. Incriminating texts and emails have shown how Fox executives, hosts and producers didn’t believe the claims the network was peddling about Dominion. Despite what appeared on air, Fox News executives and hosts privately criticized the Trump camp for pushing claims of election fraud.

New York CNN —Dominion Voting Systems’ historic defamation case against Fox News will proceed to a high-stakes jury trial next month, a Delaware judge ruled Friday, declining to declare a pretrial winner. But in his Friday ruling, Davis said that the evidence Dominion presented shows Fox News aired falsehoods about the company. “The evidence developed in this civil proceeding demonstrates that is CRYSTAL clear that none of the Statements relating to Dominion about the 2020 election are true,” Davis wrote. The on-air statements, from various Fox News hosts after the 2020 election, had accused Dominion of rigging the election by flipping millions of votes from Donald Trump to Joe Biden. Incriminating texts and emails have shown how Fox executives, hosts and producers didn’t believe the claims the network was peddling about Dominion.

Fox News also denies wrongdoing in the underlying Dominion case, and says it didn’t defame anyone. Last week, Grossberg filed explosive lawsuits in New York and Delaware accusing Fox News lawyers of pressuring her into providing misleading testimony in the Dominion case – testimony that would protect the network and its top talent. Since filing the lawsuit, she submitted new sworn testimony in the Dominion defamation case that undermines some of Fox’s defenses. After filing the lawsuit, Grossberg was fired from Fox News. The right-wing network said in a statement that she violated corporate rules improperly exposed legally privileged information in her lawsuit.

Fox News, however, did suggest it wants to put Scott, Wallace, Hannity, Carlson, Bartiromo, and Baier on the stand as witnesses. But in past court filings, Fox News has highlighted the fact that Baier said on-air shortly after the 2020 election that there weren’t indications of widespread fraud. Both Fox News and Dominion asked Davis in court this week to declare them the outright winner without a trial. Fox News has argued that it can’t be held liable for airing inherently newsworthy allegations from public figures that Dominion rigged the 2020 election, even if those claims were false. Fox Corporation has argued that Dominion overstated its role in Fox News’ editorial coverage of the 2020 election and asked to be dropped from the lawsuit – but the judge let the case move forward.

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