Fox Corporation’s Argument
Fox Corporation made a strong case to be removed from Smartmatic’s $2.7 billion lawsuit against Fox News. They argued that the lower court judge misjudged the extent of influence Rupert and Lachlan Murdoch and other executives had over the news network’s editorial decisions.
New York Judge’s Decision
Back in January, Judge David Cohen of New York declined to dismiss Smartmatic’s claims against Fox Corporation. He stated that the voting systems company sufficiently alleged that the Murdoch duo played a significant role in broadcasting false election rigging claims. This ruling didn’t determine the veracity of Smartmatic’s claims but established enough factual basis for the lawsuit to proceed.
Fox Corporation’s Appeal
In a recent appeal brief to New York’s appellate division, Fox Corporation’s legal team countered Cohen’s decision. They argued that the judge’s conclusion of vicarious liability was based on a claim Smartmatic didn’t even make during the dismissal motion.
Contradictory Claims
Fox Corp.’s attorneys highlighted a contradiction in Smartmatic’s allegations regarding the Murdochs’ involvement in programming decisions. The voting systems company claimed the Murdochs controlled messaging, but also acknowledged differing opinions among Fox News anchors regarding election fraud claims.
Legal Battles
Smartmatic initiated the $2.7 billion lawsuit against Fox and its personalities in early 2021, accusing them of amplifying false claims about election rigging. In response, Fox filed a counterclaim against Smartmatic, disputing the alleged damages and asserting their First Amendment rights were at risk. Smartmatic is appealing this counterclaim decision.
Previous Case with Dominion Voting Systems
Notably, Dominion Voting Systems settled a lawsuit against Fox for $787.5 million before the trial began. The judge in that case mandated Rupert and Lachlan Murdoch’s testimony, underscoring the legal ramifications faced by media companies in such disputes.
Read More of this Story at deadline.com – 2024-03-20 15:14:00
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