Fox News pushes Dominion to settle mammoth defamation lawsuit as judge delays trial, multiple sources report
, lawyers for both sides are scheduled to meet on Monday to determine if they can broker a last-minute deal.
A spokesperson for Fox Corp., the parent company of Fox News, declined to comment to Insider on the record. A spokesperson for Dominion declined Insider's request for comment.widely anticipated by First Amendment experts to be a reckoningDominion first filed its lawsuit, asking for $1.6 billion in damages, in March 2021. It alleges Fox News and Fox Corp.
Former President Donald Trump, refusing to accept that he lost the presidential election, hired Powell and Giuliani inPowell and Giuliani pushed a false theory that Dominion — in cahoots with the rival election technology company Smartmatic — had convoluted ties to the dead Venezuelan president Hugo Chávez and secretly flipped votes from Trump to now-President Joe Biden.
Fox has argued that it was simply reporting on newsworthy claims made by the sitting president. And though defamation lawsuits are difficult to win in the US because of the country's strong free speech protections, First Amendment expertsthat Dominion has enough evidence to win the case. The election technology company would have to prove Fox News acted with"actual malice" — a legal standard meaning that the media outlet knew it was lying or recklessly disregarded the truth.
Victories for plaintiffs in defamation lawsuits are often overturned upon appeal, according to Frederick Schauer, a professor at the University of Virginia and an expert on defamation law. While juries often sympathize with plaintiffs, appellate courts tend to reverse their decisions by applying the"actual malice" standard, he said. Fox and Dominion had both appeared prepared to bring their legal battle to appeals courts.
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