WOW

fox’s motions for summary judgment denied in the dominion case, dominion’s motion granted in part, denied in part

opinion available here: https://chancery.ink/dominionsj

#Law #LawFedi #FoxNews #Dominion #DelawareCourts

I'm digesting the opinion now, but it's groundbreaking that the plaintiff could win anything on summary judgment, as a matter of law, here, against a news organization, on a defamation claim. it is bad news for fox, despite the fact that some of the elements will "still" have to go to trial.

Davis found that Dominion proved defamation per se, particularly on the point of falsity, see his use of ALL CAPS, bold and *italics*, in the passage below.

@chancerydaily Am I reading it right that Dominion won everything except the "actual malice" part of their request? So the only thing a jury would have to decide is whether Fox acted with malice?
@gclef @chancerydaily I don't think the part about Dominion being a 'public figure' for the purposes of defamation has been settled, so that bit needs to be decided before they even get to whether 'actual malice' comes into play (IANAL)