The ruling comes less than a week after a separate defamation lawsuit against Newsmax was also given the green light.
“The Court finds that Dominion has adequately pleaded facts supporting a reasonable inference that Fox Corporation proximately caused Dominion’s alleged injury. The allegations supporting proximate causation overlap with those supporting direct liability,” wrote Judge Eric M. Davis in his 25-page opinion issued Tuesday.
The voting machine company, a Delaware corporation, argued Fox executives knew claims about fraud during the 2020 election were false, but allowed the network to broadcast the allegations in order to please Trump supporters who were Fox viewers.
Fox, though, has argued the statements were not defamation and were protected under the “fair report” privilege and as opinion.
Judge Davis also allowed Dominion’s defamation lawsuit against Newsmax over allegations of 2020 election fraud to continue in an opinion issued last week.
Dominion launched defamation lawsuits seeking billions in damages after some media outlets broadcast allegations from pro-Trump allies that the 2020 election was fraudulent, in part blaming the company’s voting machines for incorrect tallies in favor of President Joseph R. Biden over former President Donald Trump.
A spokesperson from Newsmax said the company wasn’t surprised by the judge’s move.
“We are not surprised by the judge’s decision as this was a preliminary motion and he made a very similar ruling in the Fox News case. Newsmax reported on both sides in the election dispute without making any claim about the results other than saying they were ‘legal and final.’ We are confident that Newsmax will ultimately prevail given the strong First Amendment protections provided to ensure free speech and a free press,” the spokesperson said.
A representative from Fox did not immediately respond to a request for comment about the allegations.
• Alex Swoyer can be reached at firstname.lastname@example.org.
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