IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

US DOMINION, INC., DOMINION VOTING SYSTEMS, INC., and DOMINION VOTING SYSTEMS CORPORATION, Plaintiffs, v. FOX NEWS NETWORK, LLC, Defendant. US DOMINION, INC., DOMINION VOTING SYSTEMS, INC., and DOMINION VOTING SYSTEMS CORPORATION, Plaintiffs, v. FOX CORPORATION, Defendant. ) ) ) ) C.A. No.: N21C-03-257 EMD ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) C.A. No. N21C-11-082 EMD ) ) ) ) ) ) ) Submitted: March 22, 2023

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 Decided: March 31, 2023

Upon Defendant

 Fox News Network, LLC’s Rule 56 Motion for Summary Judgment 

 

 DENIED

Upon Defendant Fox Corporation’s Rule 56 Motion for Summary Judgment 

 

 DENIED

Upon Dominion’s Motion for Summary Judgment on Liability of Fox News

 Network, LLC and Fox Corporation

GRANTED in part and DENIED in part

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 D.I. No. 1220.

 

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Brian Farnan, Esquire, Michael J. Farnan, Esquire, Farnan LLP, Wilmington, Delaware; Rodney Smolla, Esquire (argued), South Royalton, Vermont; Thomas A. Clare, Esquire, Megan L. Meier, Esquire, Dustin A. Pusch, Esquire, Daniel P. Watkins, Esquire, Clare Locke LLP, Alexandria, Virginia; Justin A. Nelson, Esquire (argued), Jonathan J. Ross, Esquire, Elizabeth Hadaway, Esquire, Susman Godfrey LLP, Houston, Texas; Stephen Shackelford, Jr., Esquire (argued), Elisha Barron, Esquire, Mark-Hatch-Miller, Esquire, Zach Savage, Esquire, Susman Godfrey LLP, New York, New York; Davida Brook, Esquire, Jordan Rux, Esquire, Susman Godfrey LLP, Los Angeles, California; Stephen E. Morrissey, Esquire, Edgar Sargent, Esquire, Katherine Peaslee, Esquire, Susman Godfrey LLP, Seattle, Washington;

 Attorneys for Plaintiffs US Dominion, Inc., Dominion Voting Systems, Inc. and Dominion Voting Systems Corporation.

Blake Rohrbacher, Esquire, Katharine L. Mowery, Esquire, Angela Lam, Esquire, Richards, Layton & Finger, P.A., Wilmington, Delaware; Paul Clement, Esquire, Erin E. Murphy, Esquire (argued), Clement & Murphy, PLLC, Alexandria, Virginia; Dan K. Webb, Esquire, Matthew R. Carter, Esquire, Winston & Strawn LLP, Chicago, Illinois; Scott A. Keller, Esquire, Lehotsky Keller LLP, Washington, D.C; Eric M. George, Esquire, Katherine A. Petti, Esquire, Ellis

George Cipollone O’Brien Annaguey LLP, Los Angeles, California;

 Attorneys for Defendant Fox News Network, LLC and Fox Corporation.

John L. Reed, Esquire, Ronald N. Brown, III, Esquire, DLA Piper LLP (US), Wilmington, DE;

Counsel for Defendant Fox Corporation.

 

DAVIS, J. I.

 

INTRODUCTION

This is a civil action involving a defamation claim. Plaintiffs US Dominion, Inc., Dominion Voting Systems, Inc. and Dominion Voting Systems Corporation (collectively,

“Dominion”) allege that Defendant Fox News Network, LLC (“F

 NN

”)

and Fox Corporation

(“FC”)

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 published false and defamatory statements of fact about Dominion. Dominion commenced its action against FNN on March 26, 2021. Dominion then commenced its action against FC and Fox Broadcasting Company, LLC on November 8, 2021. On June 21, 2022, the Court granted a motion to dismiss Fox Broadcasting Company, LLC. On December 22, 2022, the Court consolidated the two actions, with FNN and FC as the remaining defendants.

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At times, the Court may collectively refer to FNN and FC as “Fox.”

 

 

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Through its complaints

(the “Complaint

s

”),

Dominion contends that: (i) FNN and FC intentionally provided a platform for guests that FNN

’s

 hosts knew would make false and defamatory statements of fact on the air; (ii) FNN and FC, through FNN

’s hosts, affirmed,

endorsed, repeated, and agreed with those

guests’

 statements; and (iii) FNN, with the  participation of FC, republished those defamatory and false statements of fact on the air,

FNN’s

 websites,

FNN’s

 social media accounts, and

FNN’s

 other digital platforms and subscription services. Dominion seeks punitive and economic damages for defamation

 per se

. FNN and FC each filed a Motion for Summary Judgment on January 17, 2023.

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 In the FNN Motion, FNN argues that it is entitled to summary judgment because (i) the contested statements are not actionable under the First Amendment and the applicable New York doctrines, (ii) Dominion failed to show that the statements were made or published with actual malice, and (iii) Dominion did not suffer damages. In the FC Motion, FC argues that it is entitled to summary judgment because FC cannot be held vicariously liable for the actions of its subsidiary, and that FC executives were not directly involved in creating or publishing the contested statements. Dominion contests all arguments made in the Fox Motions. On January 17, 2023, Dominion filed its Motion for Summary Judgment on Liability of

Fox News Network, LLC and Fox Corporation (the “Dominion Motion”).

Dominion argues that

Fox published false and defamatory statements about Dominion’s role in the 2020 United States Presidential Election (the “2020 Election”). Specifically, Dominion states FNN (and FC) “gave life to a manufactured storyline” that Dominion rigged the Election.

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 Dominion alleges that

FNN “endorsed, repeated, and broadcast a series of verifiably false yet devastating lies about

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Respectively, Defendant Fox News Network, LLC’s Rule 56 Motion for Summary Judgment (the “FNN Motion”)

and

Defendant Fox Corporation’s Rule 56 Motion for Summary Judgment (the “FC Motion”)

.

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 Compl. ¶ 1, Mar. 26, 2021 (D.I. No. 1).