But it can't avoid Smartmatic's $2.7 billion lawsuit…
A New York Supreme Court judge has ruled that Smartmatic's defamation lawsuit against Fox News Channel can proceed.
However, he also denied the voting system company's motion to dismiss Fox News' counterclaim its suit is anti-free speech. He reasoned, in part, that the network has yet to be found liable for defamation.
The Hollywood Reporter has more on the order advancing claims from both sides:
“There remained a triable issue of fact for trial in that action as to whether defendants acted with actual malice, which is an element that plaintiffs need to prove here as well,” the order stated.
But in a win for Smartmatic, New York Supreme Justice David Cohen refused to dismiss its suit against Fox. He found that the company “sufficiently alleged” that the network's employees “played an affirmative role in the publication of the defamation at issue.”
The decision sounds the death knell for Fox's attempts to toss the case. Judge Cohen's 61-page ruling states that Smartmatic has “substantial basis” to pursue its claim “that, at a minimum, Fox News turned a blind eye to a litany of outrageous claims about [Smartmatic], unprecedented in the history of American elections, so inherently improbable that it evinced a reckless disregard for the truth.”
The Reporter continues:
Despite a $788 million settlement to resolve a similar suit brought by Dominion Voting Systems, Fox continues to face mounting legal troubles over broadcasting far-right conspiracy theories that the 2020 election was stolen with the help of voting technology companies. Last year, Fox Corp.'s board of directors was sued for allegedly adopting a business model centered on chasing profits by intentionally broadcasting falsehoods and disregarding the risk of exposing itself to defamation claims.
The dispute centers on allegations that Fox, in an attempt to boost ratings, capitalized on the popularity of former President Donald Trump by fabricating a narrative that Smartmatic caused him to unfairly lose the election.
A trial over the network's 2020 election coverage isn't expected until 2025.
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