Live Updates: Fox News Settles Defamation Suit for $787.5 Million, Dominion Says
"Fox News reached a last-minute settlement with Dominion Voting Systems, which accused Fox News of pushing conspiracies that harmed the company.
Pinned
The judge in the Fox News defamation case said on Tuesday that the case was resolved, abruptly ending a long-running dispute over misinformation in the 2020 election just as a highly anticipated trial was about to begin.
It was a last-minute end to a case that began two years ago and after the disclosure of hundreds of thousands of pages of documents that peeled back the curtain on a media company that has long resisted outside scrutiny. The settlement included a $787.5 million payment from Fox, according to Justin Nelson, a lawyer for Dominion.
Shortly before 5 p.m., the Fox News website had no mention of the settlement. On the news channel, the host Neil Cavuto was discussing a parking garage collapse in Lower Manhattan and how scammers are using artificial intelligence.
The last-minute settlement between Fox News and Dominion Voting Systems, just hours after a jury had been selected on Tuesday in a high-stakes defamation trial, caught many courthouse observers off guard. Both sides had appeared dug in and claimed they would be willing to continue their fight for years.
But some legal scholars had a different take: What took so long?
Michael Grynbaum
Media reporterHow much is $787.5 million for Fox? A recent corporate filing showed that the Fox Corporation had about $4.1 billion “of cash and cash equivalents” on hand at the end of last year.
Michael Grynbaum
Media reporterThe $787.5 million payment cited by Dominion represents roughly half of the $1.6 billion that the company initially asked for in damages. Fox is still facing a similar defamation suit from another plaintiff involved in voting technology, Smartmatic.
Katie Robertson
Reporting from Wilmington, Del.A Smartmatic spokesman said in a statement: “Dominion’s litigation exposed some of the misconduct and damage caused by Fox’s disinformation campaign. Smartmatic will expose the rest.”
Katie Robertson
Reporting from Wilmington, Del.Dominon's chief executive, John Poulos, called the settlement “historic.” “Fox has admitted to telling lies about Dominion,” he said. But the Dominion legal team didn’t answer questions about whether Fox will issue an apology.
Michael Grynbaum
Media reporterA quick take from the veteran First Amendment lawyer Martin Garbus: “With the settlement, everybody wins. Fox goes its way. Dominion gets cash.”
Katie Robertson
Reporting from Wilmington, Del.One of Dominion's lawyers, Stephen Shackelford, said the settlement with Fox isn’t the end of the efforts to push back against disinformation about the company: “We’re not done yet. We have some other people who have some accountability coming toward them."
Katie Robertson
Reporting from Wilmington, Del.The settlement includes a $787.5 million payment from Fox, according to Dominion's lawyers. “The truth matters,” said Dominion lawyer Justin Nelson. “Lies have consequences.”
Michael Grynbaum
Media reporterSome critics of Fox News had hoped the network would be put through a grueling six-week trial, with its hosts forced to answer direct questions about whether they believed election fraud claims. But this result shouldn't be a surprise. The vast majority of libel cases settle before trial, legal scholars say.
Jim Rutenberg
Reporting from Wilmington, Del.The assembled press has left the courtroom, awaiting statements from legal teams outside the courthouse. A sense of shock prevails — only hours ago, there was some talk the trial could last the full six weeks set aside.
Michael Grynbaum
Media reporterThe terms of the settlement — including a monetary payout or any other requirements attached to the deal — remain unknown. Dominion had initially demanded $1.6 billion in damages.
Jeremy W. Peters
Reporting from Wilmington, Del.Fox Corp. just released a statement: “We are pleased to have reached a settlement of our dispute with Dominion Voting Systems. 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. 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.”
Michael Grynbaum
Media reporterJudge Davis did not say anything about the terms of the settlement. But among the consequences: the public will not see Rupert Murdoch testify in open court. Tucker Carlson, Sean Hannity, Maria Bartiromo and other potential witnesses also will not appear.
Katie Robertson
Reporting from Wilmington, Del.Judge Davis commended the work and professionalism of the legal teams for both sides. “I would be proud to be your judge in the future,” he said.
Katie Robertson
Reporting from Wilmington, Del.The judge has dismissed the jury, after thanking them for their service
Katie Robertson
Reporting from Wilmington, Del.Judge Davis tells the court: “The parties have resolved the case.” Fox and Dominion have settled.
Katie Robertson
Reporting from Wilmington, Del.Judge Davis has finally reappeared in the courtroom and the jury is entering, after a delay of about two-and-a-half hours.
Jim Rutenberg
Reporting from Wilmington, Del.The scene in the courtroom: It is sweltering, everyone is up from their seats, going in and out of the room. Fox’s lead lawyer, Dan Webb, has taken several phone calls. Some people are standing, all are talking, others gesticulating. It's relative anarchy for Judge Davis’s court.
Jim Rutenberg
Reporting from Wilmington, Del.Suffice to say, per the legal experts in the room, this delay is a highly unusual development just minutes before opening statements were set to begin.
Jim Rutenberg
Reporting from Wilmington, Del.The courtroom is packed and sweltering and welling with anticipation as no word comes about why there is a delay.
Jeremy W. Peters
Reporting from Wilmington, Del.It seems very unusual to have a delay in the proceedings this long. The jury was scheduled to come back in at 1:30. More than an hour and a half later, no sign of the judge or the jury. Only lawyers, media and public in the courtroom.
Jeremy W. Peters
Reporting from Wilmington, Del.Two of the lead lawyers from each side, Justin Nelson and Dan Webb, briefly left the courtroom and walked toward the judge’s chambers. They just returned.
Katie Robertson
Reporting from Wilmington, Del.While we wait, a ruling from the judge has come through from earlier today: He has authorized a special master to investigate Fox relating to its handling of discovery, an issue he had raised at an earlier hearing.
Katie Robertson
Reporting from Wilmington, Del.It’s unclear why the opening statements have been delayed. The court was given a short break, and lawyers and reporters are milling around the room, waiting for the proceedings to resume.
Ken Bensinger
Politics reporterLawyers for Dominion will be first up, and the company is represented by two firms. One is Susman Godfrey, a boutique litigation shop that has scored huge wins against big corporations, including a $182 million verdict against a lead paint manufacturer.
Ken Bensinger
Politics reporterThe other, Clare Locke, specializes in defamation cases. Among its past clients are Sarah Palin, who sued The New York Times and lost at trial last year, and the University of Virginia, which sued Rolling Stone magazine over an article about fraternity culture and won a $3 million verdict.
Katie Robertson
Reporting from Wilmington, Del.And now we wait. Patiently, of course. Judge Davis appears to be talking with the jurors in another room, while everyone else is seated in court.
Katie Robertson
Reporting from Wilmington, Del.A reminder of what it’s taken to bring this case to trial: Two years of litigation, millions of dollars in legal fees, and hundreds of thousands of documents turned over in discovery.
Jim Rutenberg
Reporting from Wilmington, Del.Lawyers and spectators are filing back into court for what will finally be the true start of Dominion v. Fox. Dominion will give its opening statement first, followed by Fox News. That should cover the rest of the day — meaning no witness testimony — but nothing is ever set in stone in this case.
The damning revelations from the defamation lawsuit filed by Dominion Voting Systems has spurred widespread criticism of Fox News. But they have had little effect on the network’s popularity.
In February, as Fox News faced harsh headlines from the Dominion case, its total audience grew 7 percent from the month prior, according to Nielsen. Its viewership in prime time, the most lucrative part of the broadcast day, rose 25 percent among adults between the ages of 25 and 54, the most relevant demographic for advertisers.
Dominion Voting Systems’ high-profile lawsuit against Fox News is by far the most closely watched defamation case involving a media organization in decades.
In the middle of that media spectacle, the presiding judge, Judge Eric M. Davis of Delaware Superior Court, is facing his own test of his abilities. His every move is already being scrutinized for its potential impact on the trial’s outcome, and already he has made some important decisions that have shaped the parameters of the case.
Jeremy W. Peters
Reporting from Wilmington, Del.Lawyers for both sides are expected to speak for an hour or more during opening statements, which would leave little time today for anything else. It’s likely that we won’t hear from any witnesses until tomorrow.
Katie Robertson
Reporting from Wilmington, Del.The court is breaking for lunch and will be back around 1:30 or so.
Michael Grynbaum
Media reporterJudge Davis tells the jury: “If there is publicity about this trial, you must ignore it.” Perhaps one of the more challenging instructions for jurors in this particular case, which could take six weeks to finish.
Ken Bensinger
Politics reporterAs Judge Davis begins giving the jury its initial instructions, one of two outside telephone lines transmitting audio of the trial for the media and public has hit capacity and will not allow further listeners.
Michael Grynbaum
Media reporterHurry up ... and wait. Opening statements will not commence until after the court and jury takes a break for lunch, Judge Davis says.
Katie Robertson
Reporting from Wilmington, Del.The court is back in session. Judge Davis says he already had to kick someone out of the courtroom earlier today for taking photos, and said that he had been told people were tweeting from inside the room, which he again warned is not allowed.
Katie Robertson
Reporting from Wilmington, Del.Judge Davis has instructed the jurors not to talk about the case among themselves or with any third party until final deliberations. “From this point forward until you retire for final deliberations in the jury room, you have to fight human nature,” he told them.
Jim Rutenberg
Reporting from Wilmington, Del.As we await the start of opening statements, lawyers from Fox made it clear they were wrangling with Dominion’s lawyers over what would be said, with Dominion lawyers posing many objections. The judge has told both sides that he will give them wide latitude in their openings. “I don’t want to micromanage,” he told them.
Jim Rutenberg
Reporting from Wilmington, Del.There’s been no shortage of drama in this case, and today is already no different. After the judge swore in the jury, one of the alternates raised his hand, stood up and said, “I can’t do this! I can’t do this!” He was dismissed and replaced in fairly short order.
Jim Rutenberg
Reporting from Wilmington, Del.Packed courtroom here in Delaware, where Judge Eric M. Davis has sworn in the jury and warned the assembled media to follow his rules or get the hook — even asking reporters to type more lightly on their keys lest their racing fingers influence the jury at key moments.
There is one reason that defamation trials like the one unfolding in Delaware between Fox News and Dominion Voting Systems are so rare: Defamation cases are very difficult for the people pursuing them to win, so they often give up or settle out of court.
That’s because the Constitution broadly protects the media when it comes to what they publish and broadcast. The Supreme Court has interpreted the First Amendment as giving journalists considerable immunity when they make a mistake. Mistakes, the court has said, are an unfortunate but necessary cost of the free expression that democracies thrive on.
Messages sent among Fox News hosts that were released as part of the lawsuit against the network filed by Dominion Voting Systems provide a window into what they privately thought about claims of fraud being made after the 2020 presidential election.
Those private musings were often at odds with what the hosts said on their broadcasts."
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