Dominion Voting Systems won what are being called “blockbuster victories” Friday afternoon when a judge ruled the company suing Fox News for $1.6 billion in a major defamation lawsuit had met its burden of proof that Rupert Murdoch‘s far-right wing cable channel had repeatedly made false statements.
The final, and likely greatest legal issue Dominion will have to prove will be actual malice. That issue will be decided in a jury trial, Delaware Superior Court Judge Eric M. Davis ruled Friday, according to Law & Crime.
Unlike previous cases, Fox News will reportedly not be able to argue the on-air statements its personalities made were opinion.
CNN legal analyst and Brookings senior fellow Norm Eisen calls Friday’s decision a “huge win for Dominion on their summary judgment motion against Fox News.”
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“Dominion won partial summary judgement that what Fox said about them was false! Now they just have to prove actual malice and damages,” Eisen says. “Meanwhile Fox’s motion was totally denied.”
Former U.S. Attorney Joyce Vance, an MSNBC contributor adds: “Dominion’s evidence Fox made false statements with reckless disregard is as strong as any I’ve seen.”
The judge was very clear in his ruling.
“While the Court must view the record in the light most favorable to Fox, the record does not show a genuine issue of material fact as to falsity,” Judge Davis wrote. “Through its extensive proof, Dominion has met its burden of showing there is no genuine issue of material fact as to falsity. Fox therefore had the burden to show an issue of material fact existed in turn. Fox failed to meet its burden.”
Attorney and MSNBC host and legal analyst Katie Phang points to this key passage in Judge Davis’ ruling.
Court watchers and news junkies are familiar at this point with the massive legal filings Dominion has made in which it exposed how Fox News knowingly made false statements regarding the 2020 presidential election. Those filings, each hundreds of pages, also detail internal Fox News communications and bombshell conversations between the company’s top personalities, executives, and even Chairman Rupert Murdoch.
Image of Rupert Murdoch via Shutterstock