NEW YORK — Jury selection is underway Thursday in Dominion Voting Systems' $1.6 billion defamation lawsuit against Fox News, officially kicking off the beginning of the high-stakes case that was first filed over two years ago.
Dominion has accused the conservative network of knowingly pushing false conspiracy theories that the voting machine company had somehow rigged the 2020 presidential election in Joe Biden's favor, in what Dominion claims was an effort to combat concerns over declining ratings and viewer retention.
To win its case, Dominion will have to meet the heavy burden of proving"actual malice" -- showing that Fox News did not just broadcast false statements, but that they did so knowing they were false or with a"reckless disregard" for the truth. The closely-watched trial, which is expected to last five to six weeks, is expected to see live testimony in the courtroom from some of Fox's biggest stars and executives, including Fox Chairman Rupert Murdoch, and hosts Tucker Carlson and Sean Hannity.
The trial comes after pretrial hearings resulted in a series of unexpected setbacks for Fox News. During a pretrial hearing on Wednesday, Judge Davis issued a sanction against Fox after an apparent delay in handing over some evidence to Dominion, telling Fox that it will have to pay for any last-minute depositions Dominion wishes to conduct.
The special master was already involved in the case to oversee the discovery process, but the new investigation will determine"what sanctions could be implemented" against Fox, the judge said -- a significant development on the eve of the trial.
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