A Delaware court Tuesday began hearing the defamation case between Dominion Voting Systems and Fox News Network. Tuesday morning, Judge Eric Davis finalized jury selection and appointed a special master. By 1:30 PM EST, the court expected to begin opening statements. However, when court resumed after a significant delay around 4:00 PM EST, the parties announced they reached a settlement. Davis then thanked and dismissed the jurors.
The suit alleged Fox News defamed Dominion, a company who provided certain US states with voting machines in the 2020 presidential election, by repeating unfounded claims that Dominion’s voting machines “flipped” votes for former President Donald Trump to votes for President Joe Biden. Dominion sought $1.6 billion in damages.
Twelve jurors and twelve alternate jurors were selected. Following the swearing-in of the jury, one alternate juror was replaced following his statement that “I’ve been up all night, I can’t do this.” A public relations staffer for Fox News was removed from the Delaware court after being caught taking photos.
Davis also appointed a special master to investigate Fox discovery issues.
Judge Davis ruled on March 31 that statements made by Fox broadcasters in relation to wide-scale voter fraud were false. This case is to determine whether Fox made falsified claims with “actual malice,” meaning whether Fox knew or had reason to know that the statements were false.