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Law selectors, pages, etc.
It appears that FOX wants to avoid a trial, instead they want to settle with Dominion.
By Curt_Anderson
April 16, 2023 10:14 pm
Category: Law

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If you are vaguely familiar with New York Times Co. v. Sullivan or even if you are familiar with the concept (if not the case name) you know that to sustain a claim of defamation or libel, the plaintiff must show that the defendant knew that a statement was false or was reckless in deciding to publish the information without investigating whether it was accurate.

In other words, it cannot simply be sloppy, negligent reporting but there needs to be evidence of actual malice. That's why the Dominion lawsuit against FOX News is remarkable. Dominion filed a $1.6 billion defamation lawsuit against the network alleging that Fox guests and hosts defamed the company and severely damaged its business by connecting it to a plot to fraudulently steal the 2020 presidential election.

The trial was supposed to start tomorrow, Monday. Now it is being delayed. It seems that FOX wants to avoid the trial. Indications are that FOX wants to work out a settlement with Dominion.

This is tantamount to the FOX admitting they lied to their viewers about the 2020 election.

Of course, there may be other reasons for the trial being delayed, but I doubt it.

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Comments on "It appears that FOX wants to avoid a trial, instead they want to settle with Dominion.":

  1. by HatetheSwamp on April 17, 2023 3:19 am

    Of course it's not tantamount to admitting that they lied about anything. There are a plethora of reasons attorneys might suggest settling a lawsuit.

    As is the case with much today connected to Trump and Fox, I distrust every stitch of report on this suit. Everything I've seen and read strikes me far more as sermon than journalism...including your post, Curt.


  2. by Curt_Anderson on April 17, 2023 9:21 am
    HtS,
    Settling certainly would be admitting that they lied. In fact, the lawsuit is not whether or not Fox News lied, it is already know that they lied. Dominion had to prove that Fox News lied maliciously and intentionally. Dominion has the facts on their side. Fox News’ lawyers realize this. That is why they appear to be willing to settle.

    You said that there are a plethora of other reasons why the lawyers might settle. I’d like to hear a few of those reasons.


  3. by HatetheSwamp on April 17, 2023 9:30 am

    I disagree, Curt. If there's a settlement...which I've predicted from the beginning...I guaran...as po'd say...EFFIN...tee, the settlement will specify that Fox doesn't admit any wrongdoing.


  4. by oldedude on April 17, 2023 10:15 am
    1. To just get it over with.
    2. It's cheaper.
    3. Don't admit wrongdoing.
    4. Get an NDA.
    5. ability to move on from the haters

    Even if FOX is proven innocent, You'd never believe it and just keep on hating them anyway. It's in your DNA to abjectly hate others. So what's the loss?


  5. by Curt_Anderson on April 17, 2023 11:09 am
    OD, as to your reasons...
    1. They are being sued for $1.6 billion. A settlement would likely be in the hundreds of millions. Are they really that busy?
    2. It's only cheaper if they were pretty sure they'd lose.
    3. We don't know that Dominion would agree to that. I think Dominion will request that FOX admit on air they slandered Dominion.
    4. If true, they will be paying a lot for the NDA.
    5. The "haters" already know that FOX is barely a news network. The gullible don't recognize propaganda when they are being fed it.

    The loss would be the hundred of millions of dollars and the ignominy of settling a defamation case that legitimate news organizations never lose.


  6. by Ponderer on April 17, 2023 11:38 am

    "If there's a settlement...which I've predicted from the beginning...I guaran...as po'd say...EFFIN...tee, the settlement will specify that Fox doesn't admit any wrongdoing." -Hate

    Just like pleading the Fifth doesn't admit to any wrong doing.

    But everyone still knows what it means, Bill.


    And I am going out on a limb here to say that I don't think that Dominion will settle. If they were going to settle, they'd have already done so long ago. They are even more likely now to win a defamation case against Fox than they were when this started. I believe they intend to destroy Fox.

    And who can blame them? Fox's lies and defamation destroyed them.


  7. by HatetheSwamp on April 17, 2023 11:48 am

    I just heard a very cogent analysis on CLAY AND BUCK by Clay whose an actual lawyer. He's of the opinion that Fox will get the better of this...after the jury's award is appealed.

    As I noted to Curt earlier today. I haven't read or heard any coverage of this, on either side, that wasn't more sermon than journalism.


  8. by oldedude on April 17, 2023 9:25 pm
    Curt- Nope. You're looking through the glass of hatred.

    I said these things as I would any client. I don't care if I hate them or not. I'm looking at it from their point of view. Again, nothing is going to change your mind regardless. Your hatred for them is too contemptuous, you'll make up lies just to serve your own ego. Ergo, you're one of those I don't give a f*** about. You'll never change and I can't change that. So I don't care.


  9. by Curt_Anderson on April 18, 2023 1:44 pm
    Was I right or was I right?

    WILMINGTON, Del. — Fox News and Dominion Voting Systems reached a $787.5 million settlement agreement Tuesday afternoon, the parties announced, narrowly heading off a trial shortly after the jury was sworn in.

    “Fox has admitted to telling lies,” John Poulos, Dominion CEO, said in a press conference after the trial was ended.

    "Money is accountability," said Stephen Shackelford, Jr., the attorney scheduled to give opening statements for Dominion on Tuesday.

    Fox News also put out a statement.

    “We acknowledge the court’s rulings finding certain claims about Dominion to be false. This settlement reflects Fox’s continued commitment to the highest journalistic standards,” the Fox statement said. “We are hopeful that our decision to resolve this dispute with Dominion amicably, instead of the acrimony of a divisive trial, allows the country to move forward from these issues.”


    nbcnews.com


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