Fox News is trapped in an ever-worsening spiral of lies of its own creation. And the result just might be a financial death penalty for the network.
Mary Altaffer / AP file. Whether it was a criminal or civil case, the facts and the evidence are what mattered the most. And my currency as a trial lawyer? The truth. Sure, as a lawyer, you perfect the art of the spin. But at the end of the day, and no matter how hard you try to make it look nicer or sound better, it’s the truth that will either bring victory or a crushing defeat., Fox is now trapped in an ever-worsening spiral of lies of its own creation.
As we’ve seen put forth in the thousands upon thousands of pages of evidence released during the discovery process in this case, people at Fox News allegedly knew the channel was repeatedly peddling lies. But it didn’t care. Because, according to the lawsuit, profits were more important than the truth.
In its most recent filing, Dominion alleges that Fox has now conceded that what it put out for its viewers to consume about Dominion was lies. “Fox has produced no evidence — none, zero -supporting those lies.” Dominion goes even further and argues that Fox could have ultimately reported the truth, but it chose not to do so. Fox also could have retracted those lies, but it chose not to do so.
Armed with thousands of pages of texts and internal chats and emails by and between Fox hosts, producers and executives, Dominion now seeks to convince a Delaware judge that a jury no longer needs to hear the case because, as a matter of law, there is no work left to be done to decide whether Fox defamed Dominion. On March 21, both sides will appear in court for oral arguments.
And some legal experts agree: Dominion doesn’t just have the upper hand, it has the truth on its side. If Dominion is successful, then all that would be left to determine is the amount of damages that Dominion is entitled to receive. That’s where the numbers become astronomical. Dominion is seeking $1.6 billion in lost profits and reputational harm. But it’s also seeking punitive damages, which are not capped under New York state law and could also be in the billions of dollars.
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