The settlement agreement between Fox and Dominion Voting Systems on Tuesday was meant to send a message to those who promote fake election claims and conspiracy theories in the wake of the 202 presidential elections.
Although the high-profile defamation suit secured an eyewatering $787.5 million against Fox, the Colorado-based company is far from finished in its quest to exact financial damages.
Based on court filings, six more defamation lawsuits are pending: right-wing networks Newsmax and One America News Network (OANN) and Trump loyalists Rudy Giuliani, Sidney Powell, Mike Lindell, and Patrick Byrne.
‘I think that it’s a big step forward in democracy if our system can send a signal that if media companies lie — whoever they are or whatever channel they’re on — and they do so knowingly, they will be prepared to pay a very high price,’ John Poulos, the CEO of the voting tech company told ‘Good Morning America’ on Wednesday.
Dominion Voting Systems ballot-counting machines were called into question by former President Donald Trump and his allies after losing the 2020 election.
REMAINING DOMINION LAWSUITS
Newsmax: Dominion Voting Systems of Colorado was targeted by former President Donald Trump and his allies, filed a complaint against Newsmax in Delaware state court in August 2021, finding the news channel ‘created an entire brand out of defaming’ the company.
OANN: U.S. District Judge Carl Nichols has allowed Dominion’s lawsuit against One America News Network (OANN) to move forward and is expected to go to trial in 2024. The voting technology company claims the far-right network promoted fraud allegations despite knowing they were false, and ‘helped create and cultivate an alternate reality where … Dominion engaged in a colossal fraud.’
Rudy Giuliani: A federal judge refused to throw out a defamation lawsuit against Trump’s formal personal attorney after the voting machine company sued him in January 2021, alleging he ‘enriche[d] himself by falsely claiming that Dominion fixed the election.’ Giuliani and others have alleged a widespread Democratic election conspiracy involving multiple states and suspect voting machines.
Sidney Powell: the conservative and controversial attorney remains an ardent proponent of Trump, although she was dropped from his legal team after making incorrect statements about the voting process and promising to ‘blow up’ Georgia with a ‘biblical lawsuit. Dominion is seeking $1.3 billion in damages for spreading false fraud claims in the 2020 elections.
Mike Lindell: Denver-based Dominion separately sued Lindell and MyPillow for defamation in federal court, alleging the CEO ‘sells the lie’ about the company’s voting machines ‘because the lie sells pillows.’
Patrick Byrne: The CEO of Overstock is being sued for ‘manufactured and promoted fake evidence to convince the world that the 2020 election had been stolen’ using Dominion voting machines. A U.S. District judge ruled ‘a reasonable jury could find Byrne acted with actual malice’ in spreading provably false assertions about Dominion.
Trump’s former personal lawyer, Rudy Giuliani, is being sued for spreading falsehoods about the 2020 election fraud.
Owned by Christopher Ruddy, NewsMaxTV is being sued by Dominion for promoting debunked conspiracy theories about voter fraud during the 2020 election.
One America News Network (OANN) is also being sued by Dominion Voting Systems for $1.7B for defamation
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The voting technology company is also suing Sidney Powell, a former member of President Donald Trump’s legal team, for spreading false claims that the company helped steal the U.S. presidential election away from Trump.
MyPillow Mike Lindell is being sued by Dominion as well for defamation of their voting machines
Patrick M. Byrne, chairman and chief executive officer of Overstock.com, also made untrue allegations about election fraud.
WHAT’S THE TIMELINE?
Don’t expect Dominion’s cases against Powell, Giuliani and Lindell until mid-2024, as a scheduling order set a February 2024 hearing to discuss potential trial dates. Other cases against Byrne and OANN aren’t expected until next year based on their current schedules.
WHAT’S AT STAKE?
The voting technology company is seeking $1.6 billion – each – from three of the plaintiffs: Newsmax, OANN and Byrne. Lawsuits against Powell, Giuliani and Lindell are slightly lower: $1.3 billion in damages.
KEY BACKGROUND
Dominion Voting Systems sued Fox for $1.6 billion, claiming the news outlet repeatedly aired allegations that the company’s voting machines were rigged against Trump in 2020 while knowing the accusations were untrue.
Fox contended that it was reporting newsworthy charges made by supporters of the Republican president. The network said it was supported legally by libel standards.
Noting the other lawsuits against Trump allies the company is still bringing, Poulos said, ‘We will pursue all of them.’
WHY DOES IT MATTER?
In a 1964 case involving The New York Times, the U.S. Supreme Court limited the ability of public figures to sue for defamation.
The court ruled that plaintiffs needed to prove that news outlets published or aired false material with ‘actual malice’ — knowing such material was false or acting with a ‘reckless disregard’ for whether or not it was true.
That has provided news organizations with stout protection against libel judgments.
Yet the nearly six-decade legal standard has come under attack by some conservatives in recent years, including Trump and Republican Gov. Ron DeSantis of Florida, who have argued for making it easier to win a libel case.
