Judge Refuses To Toss Out Dominion's $1.6 Billion Defamation Lawsuit Against Fox News, Trial Set For April
March 31 2023, Published 6:14 p.m. ET
This is the type of breaking news that Fox News didn't want to hear.
A Delaware judge has rejected an attempt by the media giant to toss out the $1.6 billion defamation lawsuit filed by Dominion Voting System, RadarOnline.com has learned.
Superior Court Judge Eric M. Davis denied Fox’s motion for summary judgment after deposition statements from network executives and email messages showed the station heads knew the claims Dominion rigged the 2020 election in favor of President Joe Biden were false.
The decision means the case is set for a high-stakes trial in mid-April featuring a who’s who of Fox News personalities and executives, including talking heads Tucker Carlson, Sean Hannity, Maria Bartiromo, Laura Ingraham, and owner Rupert Murdoch.
“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,” Judge Davis said in the 81-page ruling.
As RadarOnline.com previously reported, a top executive at Fox News admitted the claim against the voting machine company should have never aired after the network’s vaulted fact-checking and research unit – called the “Brain Room” – determined Donald Trump lost the election fair and square.
Despite the findings of the Brain Room's investigation into the conspiracy theory 10 days after the election, Fox News continued to air stories and to book speakers accusing Dominion of tampering with the vote count.
David Clark, Fox’s Senior Vice President for Weekend News and Programming, admitted during his deposition that the claim against Dominion should not have made it on TV.
“If the Brain Room had concluded that the charges were, in fact, false, they never should have been aired, correct?” a Dominion lawyer asked Clark.
“Yes,” he replied, according to NBC News.
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"We are gratified by the Court’s thorough ruling soundly rejecting all of Fox’s arguments and defenses, and finding as a matter of law that their statements about Dominion are false,” a spokesman told NBC. “We look forward to going to trial.”
Fox News issued its own statement arguing it had the First Amendment right to report the news.
“This case is and always has been about the First Amendment protections of the media’s absolute right to cover the news. FOX will continue to fiercely advocate for the rights of free speech and a free press as we move into the next phase of these proceedings,” a network spokesperson said.