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Date: 04-18-2023

Case Style:

US Dominion, Inc., et al. v. Fox News Network, L.L.C.

Case Number: N21C-03-257 & N21C-11-082

Judge: Eric M. Davis

Court: Superior Court, New Castle County, Delaware

Plaintiff's Attorney: Brian Farnan, Michael J. Farnan, Rody Smolla, Thoams A. Clare, Megan L. Meier, Dustin A. Pusch, Daniel P. Watkins, Justin A. Nelson, Jonathan J. Ross, Elizabeth Hadaway, Stephen Shackelford, Jr., Elisha Barron, Mark Hatch Miller, Zach Savage, Davida Brook, Jordan Rux, Stephen E. Morrissey, Edgar Sargent, Katherine Peaslee,

Defendant's Attorney: Blake Rohrbacker, Katharine L. Mowery, Angela Lam, Paul Clement, Erin E. Murphy, Dan K. Webb, Mathew R. Carter, Scott A. Keller, Eric M. George, Katherine A. Petti for Fox New Network, LLC and Fox Corporation.

John L Reed,nad Ronald N. Brown, III for Fox Corporation

Description: Wilmington, Delaware commercial litigation lawyers represented Plaintiff that sued Defendant on a defamation theory.

This was a civil action involving a defamation claim. Plaintiff alleged that Defendant, Fox News Network, published false and defamatory statements of fact about Dominion.

Dominion Voting Systems sued Fox New claiming to have suffered $1.6 billion in damages as a direct result of Fox News publishing false information about the performance of Dominion's voting machine during the 2020 Presidential election.

Dominion Voting Systems Corporation is a wholly owned subsidiary of U.sDominion, LLC

Fox News Network operated Fox News Channel, Fox Business Channel, Fox New Radio and Fox News Digital.

Fox claimed that it was entitled to summary judgment because (i) the contested statements were not actionable under the First Amendment and the New York doctrines, (ii) Dominion failed to show that the statements were made or published with actual malice, and (iii) Dominion did not suffer damages.

Dominion filed a motion for summary judgment on liability because Fox published false and defamatory statements about it's role in the 2020 United States Presidential Election.

Dominion claimed that Fox made various defamatory statements about it in twenty broadcasts, and categorized the statements into four subsections: (1) "the fraud lie," (2) the algorithm lie," "the Venezurla Lie," and (4) "the kickback lie."

Dominion claimed that it was entitled to summary judgment in its favor because any reasonable juror would find that Fox made (1) false statements, (2) of and concerning Dominion; (3) that were published,; (4) that were defamatory per se; and (5) did so with actual malice.

Outcome: The Court granted Dominion's motion for summary judgment and denied Fox's motions for summary judgment. Settled for $787.5 million.

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