Judge undercuts key Fox News defense as he sends Dominion suit to trial

April 02, 2023

The decision by Delaware Superior Court Judge Eric M. Davis to reject requests from Fox News and parent company Fox Corporation to dismiss the case had been widely anticipated. “This is a disastrous decision for Fox,” said Jonathan Peters, a media law professor at the University of Georgia. Davis wrote that Fox undermined this line of defense by failing to also report statements from government officials and the company debunking claims of fraud. Legal experts have said Fox could face enormous monetary damages if a jury finds for Dominion. “Dominion still must prove Fox acted with actual malice and [prove] the damages suffered,” said Carl Tobias, a professor at the University of Richmond law school.