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Delaware jury to decide if Fox is liable for defaming Dominion, judge rules


Workers clean up the burnt remains of a Christmas tree outside the News Corp. and Fox News building in New York City, New York, U.S. December 8, 2021. REUTERS/Eduardo Munoz

A jury will decide whether Fox Corp (FOXA.O) 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, which 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 in each side’s favor – summary judgment – ahead of the scheduled April 17 trial date. The ruling puts the high-profile case in the hands of a jury.

A jury will determine whether Fox acted with actual malice and whether Dominion suffered any damages, according to the ruling.

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.

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