Delaware Jury To Decide Fox Defamation Case

A jury will decide whether Fox Corp defamed Dominion Voting Systems with false vote-rigging claims aired by Fox News after the 2020 U.S. election, a Delaware judge ruled on Friday, dealing a setback to the media company that had sought to avoid a trial in the $1.6 billion lawsuit.

Delaware Superior Court Judge Eric Davis denied motions from Fox and partially granted Dominion motions to resolve the issue of defamation liability ahead of the scheduled April 17 trial date. The ruling puts the high-profile case in the hands of a jury that will determine whether Fox acted with actual malice and whether Dominion suffered any damages.

Reuters reports the trial, to be held in Wilmington, is expected to last roughly four weeks. It is possible the parties could still settle the case. Davis heard arguments from both sides during a two-day pretrial hearing on March 21 and 22.

“This case is and always has been about the First Amendment protections of the media’s absolute right to cover the news," Fox said in a statement. "Fox will continue to fiercely advocate for the rights of free speech and a free press as we move into the next phase of these proceedings.”

This is one of the most closely watched U.S. defamation lawsuits in years and involves one of America's largest cable networks, home to many prominent conservative commentators.

Denver-based Dominion sued New York-based Fox Corp and Fox News in 2021, accusing them of ruining its reputation by airing false claims by former President Donald Trump and his lawyers that its voting machines were used to rig the outcome of the election against him and in favor of Democrat Joe Biden.