A Delaware judge on Friday ruled that the Dominion voting machine company’s defamation case against Fox News, over its airing of false allegations about the 2020 presidential election, will go to trial.
Superior Court Judge Eric Davis allowed a jury to decide whether Fox News aired the claims with actual malice, the standard for proving libel, according to a report in The Associated Press.
Davis ruled that neither Fox nor Dominion Voting Systems had presented a convincing argument to prevail on whether Fox acted with malice without the case going to a jury. But he also ruled that the statements Dominion had challenged constitute defamation “per se” under New York law. That means Dominion did not have to prove damages to establish liability by Fox.
The decision paves the way for a trial start in mid-April.
Dominion filed the lawsuit in March of 2021, suing the network for $1.6 billion and claiming Fox defamed it by repeatedly airing false claims about the company’s machines and its accompanying software. Court records and testimony revealed that many Fox hosts and executives didn’t believe the claims but continued to air them regardless.
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