Judge: Dominion defamation case against Fox will go to trial

EvilEyeFleegle

Dogpatch USA
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Nov 2, 2017
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Looks like the stage is set..judge sure has an opinion though:


A Delaware judge's ruling Friday set the stage for a dramatic springtime trial on whether Fox News bears financial responsibility for airing false allegations that a voting machine company rigged the 2020 presidential election against former President Donald Trump.
Superior Court Judge Eric Davis ruled that it was “CRYSTAL clear” that none of the allegations made by Trump allies on Fox in the weeks after the election were true.
Davis said it was up to a jury to decide whether Fox acted with actual malice in airing the claims and, if so, how much money Dominion is entitled to in damages. Dominion has sued Fox for $1.6 billion.
Barring a last-minute settlement, the trial is expected to begin in mid-April.
“The statements at issue were dramatically different than the truth,” Davis said in a summary judgment ruling, which denied Fox's effort to throw out the case as well as Dominion's request for a victory without a jury. “In fact, although it cannot be attributed directly to Fox's statements, it is noteworthy that some Americans still believe the election was rigged.”
Fox's failure to reveal extensive evidence contradicting the fraud claims “indicates that its reporting was not disinterested,” the judge wrote.

In a statement issued after the ruling, Dominion said it was gratified that the court had rejected Fox’s arguments and found “as a matter of law that their statements about Dominion are false. We look forward to going to trial.”
 
Trusting Dominion to count ballots is even dumber than trusting Rosie O'Donnel to guard your donuts.
It is almost as dumb as trusting the Democrats to count ballots behind locked doors.
Regardless if Dominion wins or not, states should not be using Dominion anymore.
 
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Trusting Dominion to count ballots is even dumber that trusting Rosie O'Donnel to guard your donuts.
It is almost as dumb as trusting the Democrats to count ballots behind locked doors.
Regardless if Dominion wins are not, states should not be using Dominion anymore.

When we're using ballots before year 2000 election controversies were rare and results often posted by the next morning.

But after the 2000 election theft attempt by the leftists soared and ever since then controversies have become the news.

There is a reason Europe abandoned electronic voting as they knew it was easy to cheat with it.
 
Dominion asserts that “[d]enying summary judgment on falsity requires this Court to find that a reasonable juror today could think that Dominion actually committed election fraud.”275 Christopher Stirewalt, Fox’s Political Editor, testified that “no reasonable person” would have believed the allegations.276 Dominion states that in discovery responses and binding corporate representative testimony, Fox has conceded falsity as to Smartmatic ownership and the “Venezuela lie.”277 As to the “fraud lie,” “algorithm lie,” and the “kickback lie,” Dominion argues that Fox admitted it does not have the evidence to confirm or deny falsity.”278
 
Don't worry about Dominion.
They Democrat Party verifies them.
Just like they Fact Check themselves.
 
Regardless if Dominion wins or not, states should not be using Dominion anymore.
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And right there illustrates the beef Dominion is hanging their claim of 'damages' upon.

That sentiment ---"states should not be using Dominion".....is what Dominion will claim is the result of Fox's 'sketchy' behavior against Dominion. Thus their brand has been damaged, their prospects for expanding their sales, their business, will be curtailed.
Hence, if they can prove mendacity by Fox......they've got a shot for getting a big compensatory check.
 
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And right there illustrates the beef Dominion is hanging their claim of 'damages' upon.

That sentiment ---"states should not be using Dominion".....is what Dominion will claim is the result of Fox's 'sketchy' behavior against Dominion. Thus their brand has been damaged, their prospects for expanding their sales, their business, will be curtailed.
Hence, if they can prove mendacity by Fox......they've got a shot for getting a big compensatory check.
that is great
the Democrats trust Dominion
that right there is a huge Red Flag
 
that is great.......the Democrats trust Dominion......that right there is a huge Red Flag
You are mixing two different issues.
My post and the OP are about the lawsuit between Dominion & Fox.
It is not about one party or another 'trusting' Dominion.

Rather, this is now just a 3-actor play: plaintiffs, defendants, decider (judge? or jury?)

The judge today is signaling some impatience with Fox's argument.
The cake bakes.
 
It all kicks off tomorrow folks, and a 1st Amendment lawyer who has litigated cases for 40 years says he has never seen a better legal case in his career than Dominion has. I wonder if Faux News will finally be held accountable for lying.

 
I, for one, will watch tomorrow's coverage of this trial closely (that is, if Murdoch and his responsible bean-counters don't elect to settle out of court tonight or in the morning, or even during the trial.)

Anyway, there are some portentous questions and issues revolving around this trial.
And, so far, the judge (Davis) seems to be one of those Sgt. Friday types, i.e., "just the facts Ma'am"

Numerous issues are in play:

  • (Davis) 'warned Fox News lawyers in a pretrial hearing this week: “To stand up on the podium and tell the jury that under the First Amendment, all speech is protected, will get you an objection.” Threats and falsely yelling “fire” in a crowded theater are not protected speech, he pointed out.'
  • The standard that Dominion must meet is called “actual malice” — which requires showing that Fox News knowingly broadcast false statements or proceeded with reckless disregard of the truth or falsity of the allegations.
  • The legal standard for defamation places a heavy workload on Dominion lawyers. They have to prove what the people “responsible” for the cited broadcasts were thinking at the time they produced them. Dominion’s filings brim with painstaking narratives documenting the news intake of Fox News hosts, their supervisors and their underlings
  • The network’s top executives, hosts and producers knew that the election-fraud claims were bogus, yet they recycled them. In order to appease viewers who were leaving the network for more conspiratorial networks such as Newsmax. And not only did Fox News employees know the claims were false; so did everyone else in media.
  • A threat to the First Amendment or to journalistic rigor?
    Per media critic, Eric Wemple: "Journalists who don’t lie, don’t seed their reporting with ideologically driven fantasies, don’t fork over their platforms to people telling tall tales and don’t diss the fact-checkers in their own organization have little cause for concern about a curtailment of media freedom stemming from the case at hand.

  • And did we mention $1,600,000,000? (ps....that's $1.6 with a 'b')
 
How sad is it that Faux News and their talking heads, and definitely Murdoch himself, were worried about losing viewers to batshit conservative Newsmax. As if their campaign of trolling America with fake news about election fraud was not bad enough, they pondered if they were lying enough to keep from losing viewers to a rival (in bullshit).
 
Discovery, anyone?
This? :dunno:

7kypd2.jpg
 

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