The court allows the lawsuit against OANN to move forward: this is how the Dominion and Smartmatic defamation lawsuits now stand

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Voting company Dominion Voting Systems’ defamation lawsuit against One America News Network (OANN) can move forward, a judge ruled Monday, as Dominion and rival company Smartmatic file a dozen defamation lawsuits over unsubstantiated claims of voter fraud about their voting machines.

key facts

OANN (Domain): US District Judge Carl Nichols ruled on November 8 that Dominion’s lawsuit against OANN can go forward and found that Dominion has jurisdiction to pursue the case, after the voting company sued One America News Network. (OANN) in August 2021, claiming that the far-right network promoted the fraud. accusations despite knowing they were false and “helped create and cultivate an alternate reality where… Dominion engaged in colossal fraud.”

OANN (Smartmatic): Smartmatic separately sued OANN in federal court in November 2021, alleging that the network “reported a lie” and spread claims of fraud about the company, whose machines were only used in California in 2020, knowing they were fake; Nichols similarly ruled that the case can move forward in June.

Mike Lindell (Smartmatic): U.S. District Judge Wilhelmina Wright denied MyPillow CEO Mike Lindell’s motion to dismiss Smartmatic’s case against him in September, after Smartmatic sued MyPillow and Lindell in January for defamation and deceptive business practices, alleging that the CEO spread “lies” about the company and “intentionally fanned the fires of xenophobia and partisan division for the noble purpose of selling its pillows.”

Mike Lindell (Domain): Denver-based Dominion separately sued Lindell and MyPillow for defamation in federal court, which a judge allowed to move forward in August 2021, with Dominion alleging the CEO “sells the lie” about the company’s voting machines. company “because lies sell pillows”.

Sidney Powell (Dominion): Dominion filed its first lawsuit in January 2021 against far-right attorney Powell, who has been the most prominent person in spreading fraud claims related to the companies’ voting machines, seeking $1.3 billion in damages. and damages, and US District Judge Carl Nichols denied Powell’s motion to dismiss the lawsuit. case in August 2021.

Sidney Powell (Smartmatic): Smartmatic named Powell as a defendant in a lawsuit in state court in April 2021, and although a judge ruled the case could not move forward against her, the company sued her separately in federal court, which remains pending.

Rudy Giuliani (Domain): A federal judge has allowed Dominion’s case against Giuliani to move forward, refusing to dismiss the defamation lawsuit on procedural technical grounds as Giuliani had requested after the voting machine company sued him in January 2021, alleging that “ enriched[d] falsely claiming that the Dominion rigged the election.”

Rudy Giuliani (Smartmatic): Smartmatic named Giuliani as a defendant in the first lawsuit it filed in April 2021; a New York state judge allowed some of his claims to proceed against him, but not others, and Giuliani countersued Smartmatic in an effort to recover attorneys’ fees from him in the case.

Fox News (Domain): Dominion sued Fox News in March 2021 alleging that the network had knowingly spread false news about its machines to improve poor ratings, and Delaware State Judge Eric M. Davis denied Fox’s motion to dismiss the case. in December.

Fox News (Smartmatic): Smartmatic sued Fox News and its anchors Lou Dobbs and Maria Bartiromo in February 2021, alleging they “engaged in a conspiracy to spread false information about Smartmatic,” and New York Supreme Court Justice David B. Cohen, ruled in March that the $2.7 billion lawsuit can move forward. forward against those defendants, but not against host Jeanine Pirro, who was also named in the lawsuit.

Fox Corporation (Domain): Dominion separately sued Fox Corporation, including executives Rupert and Lachlan Murdoch, in November, alleging that the Murdochs were responsible for false Fox News fraud claims related to Dominion’s machines; a judge allowed the case to proceed, although he dismissed charges against the Fox Broadcasting Company for fraud claims made on Fox.com.

Newsmax (Domain): Dominion sued Newsmax in Delaware state court in August 2021, and Davis denied a motion to dismiss the lawsuit in June, finding that the news network likely knew its allegations against Dominion were “probably false” and that its information may have intentionally omitted evidence showing that Dominion was not involved in voter fraud.

Newsmax (Smartmatic): Smartmatic sued Newsmax in Delaware state court in November, alleging that it spread false claims against the polling company, and Newsmax countersued Smartmatic because it alleges the company is trying to censor the network’s First Amendment-protected speech.

Patrick Byrne (Dominion): Dominion sued former Overstock CEO Byrne in August 2021, alleging that the businessman “manufactured and promoted false evidence to convince the world that the 2020 election had been stolen” using Dominion’s voting machines, and the US District Judge Carl Nichols denied Byrne’s motion to dismiss the case in April, ruling that “a reasonable jury might find that Byrne acted with genuine malice” in disseminating likely false claims about Dominion.

What to watch

Dominion’s lawsuits against Powell, Lindell and Giuliani are likely to go to trial until late 2023 or early 2024, depending on the timeline set by the judge, and the exact trial date won’t be known until at least July. Dominion’s lawsuit against Fox News is set to go to trial in April 2023, and Nichols set a scheduling order in Smartmatic’s OANN lawsuit that suggests it won’t go to trial until at least the fall of 2024. It’s not yet clear when the other defamation cases will advance to trial.

big number

$1.6 billion. That’s roughly what Dominion is asking for in damages against OANN, Byrne, Newsmax, Fox News and Fox Corp. Their lawsuits against Powell, Giuliani and Lindell each ask for $1.3 billion in damages. Smartmatic’s Fox News lawsuit seeks $2.7 billion in damages, but its OANN, Newsmax and Lindell lawsuits don’t specify exact figures.

Major critics

The parties that have been sued have remained largely defiant, and Lindell has continued to push false claims of voter fraud despite multiple libel lawsuits against him. Fox News said in a statement after Smartmatic’s ruling that it was “grateful,” the court dismissed the charges against Pirro but would “immediately” appeal the decision, in addition to filing a countersuit “to prevent the total assault on the First Amendment that stands in stark contrast to the highest tradition of the American journalism. Giuliani said the lawsuit against him was “another act of intimidation by the hate-filled left” and also filed a countersuit against Smartmatic in an effort to recover his attorney’s fees, with Newsmax calling Dominion’s lawsuit ” a clear attempt to quash such reporting and undermine press freedom.” OANN has also moved to dismiss the cases against it, and Nichols is now deliberating whether to dismiss the case.

key background

The companies’ voting machines are at the center of a right-wing conspiracy theory alleging they were used to fraudulently switch votes from Trump to Joe Biden, which is not supported by evidence. Dominion says the claims have substantially damaged its business and put its employees in danger. The voting company controls about 30% of the US market, according to data cited by ProPublica in 2019, making it the second largest company of its kind in the country, it said in its Fox News lawsuit which has contracts with 28 states. Business analytics firm Dun & Bradstreet estimated the company’s annual revenue in 2021 to be $40.15 million, though the company alleges it has lost state contracts over fraud allegations, including a $10 million contract. in Stark County, Ohio, and a $100 million contract in Louisiana. London-based Smartmatic’s machines were only used in Los Angeles County in the 2020 election, though the CEO told Antonio Mugica that Forbes the company has ambitions to further expand in the US. The company alleged in its complaints that claims of fraud have caused Smartmatic to lose more than $2 billion in valuation since the 2020 election, going from more than $ 3 billion to less than $1 billion though Forbes has independently valued Smartmatic at an estimated $730 million.

Other readings

The exclusive inside story of the fall of Overstock’s mad king, Patrick Byrne (Forbes)

Smartmatic voting company sues MyPillow CEO Mike Lindell for defamation (Forbes)

Smartmatic voting company sues One America News and Newsmax for defamation over claims of voter fraud (Forbes)

Dominion sues Newsmax, OANN and former Overstock CEO Byrne in new defamation lawsuits over election conspiracy theory (Forbes)

Dominion Voting Sues Sidney Powell for Election Conspiracy Defamation, and Others May Be Following (Forbes)

Dominion Voting Sues Rudy Giuliani for $1.3 Billion for Election Conspiracy (Forbes)

Dominion Voting Sues MyPillow CEO Mike Lindell for Election Conspiracy Defamation (Forbes)

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