- by theguardian
- 21 Sep 2023
When Dominion settled its closely-watched $787.5m defamation lawsuit against Fox last month, its lawyers made it clear that the company would continue to pursue legal action against those who spread false claims about the company and the 2020 election.
Dominion also has ongoing defamation lawsuits against Newsmax and One America News Network, conservative outlets that prominently promoted lies about the 2020 election. Smartmatic, another voting company, is also suing many of the same figures and has its own $2.7bn defamation suit against Fox and its own cases against many of the same defendants.
The cases against the individuals are at once both more simple and potentially more challenging than the ones against the news networks. Dominion only needs to show the individuals disregarded the truth and made false statements. But it may be harder to produce a paper trail showing that they genuinely knew what they were saying was false or recklessly disregarded the truth.
The company is seeking more than $1.3bn in damages from each. It is also seeking a court order against Powell and Lindell forcing them to remove any statements ultimately proven to be false and defamatory and blocking them from making any further false statements about Dominion.
In August, US district judge Carl Nichols, a Donald Trump appointee, declined to dismiss the case against all three.
Discovery in the case is ongoing (Lindell has tried to avoid complying with it) and will be completed in September. Nichols has set a February conference, to set a trial date, which could come as soon as the middle of next year.
Nichols allowed the case to go forward last year.
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