Fox-Dominion defamation trial postponed until Tuesday

Norman Ray

Global Courant 2023-04-17 20:02:21

A political display was placed on the exterior of Fox News headquarters on 6th Avenue in New York on July 21, 2020.

Timothy A. Clary | AFP | Getty Images

WILMINGTON, Del. — Dominion Voting Systems’ $1.6 billion libel lawsuit against Fox News will go to trial Tuesday after a day’s delay, the judge overseeing the case said Monday.

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During a brief hearing in Delaware Superior Court, Judge Eric Davis said Monday he made the decision to postpone the jury selection process and the start of opening statements. News of the postponement came on Sunday night, just hours before the trial was originally set to begin.

The judge offered little explanation for the postponement. “This isn’t a press conference, I’m not doing that,” Davis told a courtroom largely filled with reporters.

But he assured the court that the schedule change was “not unusual”, noting that he has not presided over a trial for more than two weeks without being delayed.

This trial is expected to last six weeks.

Dominion, which sells voting machines and election software, claimed it was defamed by Fox Corp. and its cable television networks after Fox aired false claims that the company rigged the 2020 election against former President Donald Trump.

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Fox has argued that Dominion failed to meet the legal standard for defamation and that the statements made about Dominion on the air were protected by the First Amendment.

The trial delay came as some news outlets have reported Dominion and Fox meet to discuss a possible settlement. Spokesmen for Fox and Dominion have not commented on the possibility of settlement talks.

Most defamation cases are resolved out of court. But last Saturday, the possibility of Dominion and Fox avoiding trial seemed as unlikely as ever. “In the coming weeks, we will prove that Fox spread lies that caused massive damage to Dominion. We look forward to the trial,” a Dominion spokesperson told CNBC Saturday morning.

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Fox-Dominion defamation trial postponed until Tuesday

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