Dominion scores rare summary judgment wins against Fox News

In a “rare” ruling, Dominion Voting Systems scored blockbuster victories against Fox News on multiple issues before their upcoming blockbuster trial next month.

The remarkable, 130-page ruling from Delaware Superior Court Judge Eric M. Davis found that there was no need for a jury to establish that the broadcasts at issue were false.

“While the Court must view the record in the light most favorable to Fox, the record does not show a genuine issue of material fact as to falsity,” Davis wrote in his ruling. “Through its extensive proof, Dominion has met its burden of showing there is no genuine issue of material fact as to falsity. Fox therefore had the burden to show an issue of material fact existed in turn. Fox failed to meet its burden. 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.” (emphasis in original)

Dominion heralded that aspect of the opinion in a statement.”

“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,” the company wrote in a statement. “We look forward to going to trial.”

He also removed multiple other defenses from Fox’s arsenal, except for actual malice.

That’s the doctrine in defamation law established by New York Times v. Sullivan and protecting news organizations from liability, by forcing litigants to show that false statements were published knowingly or with reckless disregard for the truth.

“This is very very rare,” First Amendment expert Jeff Kosseff told Law&Crime.

In essence, Kosseff added: “Actual malice is Fox’s only hope.”

This is a developing story. Check back later for updates.

Read the ruling here.

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