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Fox News & Dominion Settle Major Defamation Suit Before Trial

Written by on April 19, 2023

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Dominion And Fox News Reach Settlement In Defamation Case

Fox News managed to avoid further embarrassment in a defamation trial by reaching a historic settlement with Dominion Voting Systems before it got underway.

The right-wing media network came to terms on a settlement with the company on Tuesday (April 18) after a reportedly racially diverse jury selection in the defamation trial held in Delaware related to false claims made about Dominion’s role in the 2020 presidential elections by former President Donald Trump was completed. Judge Eric M. Davis informed the court of the settlement, which was later revealed to be $787.5 million. Dominion was originally seeking $1.6 billion in damages.

“Money is accountability and we got that today from Fox,” said Dominion attorney Stephen Shackleford in a statement outside of Delaware Superior Court after the trial’s dismissal. “The truth matters. Lies have consequences,” said Justin Nelson, another attorney for the voting system manufacturer. Dominion Voting Systems also has pending lawsuits against Newsmax and OANN as well as Trump supporters Rudy Giuliani, Mike Lindell, and Sidney Powell.

Other details of the settlement weren’t disclosed, but the most striking element was that Fox News was not required to issue an apology on air. In its vague statement issued afterward, it conceded being found at fault: “We acknowledge the Court’s rulings finding certain claims about Dominion to be false. This settlement reflects Fox’s continued commitment to the highest journalistic standards.” The settlement also means that Fox’s top personalities such as Tucker Carlson and Laura Ingraham and founder Rupert Murdoch would not have to take the stand and testify.

Judge Davis had previously ruled that Fox had aired false claims in 20 broadcasts on its network concerning Dominion’s role in the presidential election, with implicit “no contest” pleas for several pretrial findings in the case. Many observers noted that while Dominion had a high bar to prove defamation in the trial, the volumes of damning information it had from Fox News stars reluctant to amplify Trump’s false claims and being sanctioned for withholding evidence placed the network at a serious disadvantage.

The settlement doesn’t mean Fox News is safe. Another election tech company, Smartmatic, has a lawsuit against the network. In a statement to Semafor political reporter Ben Smith published on Twitter, their lawyer Erik Connolly stated: “Dominion’s litigation exposed some of the misconduct and damage caused by Fox’s disinformation campaign. Smartmatic will expose the rest.” The case is still in the discovery phase.

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