Live updates of the Dominion Voting Systems lawsuit against Fox News.
UPDATE 4:25 p.m. ET: Dominion Voting Systems will receive $787.5 million from Fox as the two sides settle their defamation case, attorney Justin Nelson, the lead attorney for Dominion, announced in a brief press conference. While a massive number, that’s less than half of the $1.6 billion the tech company originally sued Fox for.
“The truth matters. Lies have consequences,” said Nelson.
“Fox has admitted to telling lies about Dominion that caused enormous damage to my company… nothing can ever make up for that,” Dominion Voting Systems CEO John Poulos added.
The settlement does not require Fox News to speak about the matter on air, nor do its hosts/personalities need to make retractions, correct their previous falsehoods or apologize on-air.
ORIGINAL 3:59 p.m. ET:
Dominion Voting Systems, Inc. and Fox News/Fox Corp officially settled their defamation lawsuit in Delaware Superior Court on Tuesday.
“The parties have resolved their case,” Judge Eric M. Davis told jurors just before 4 p.m. ET, shortly before excusing them from the jam-packed courtroom.
The resolution came to pass after a trial jury was selected and before either side even made their respective opening statements. The terms of the settlement have yet to be disclosed.
Fox News said in a statement: “We are pleased to have reached a settlement of our dispute with Dominion Voting Systems. We acknowledge the Court’s rulings finding certain claims about Dominion to be false. This settlement reflects FOX’s continued commitment to the highest journalistic standards. We are hopeful that our decision to resolve this dispute with Dominion amicably, instead of the acrimony of a divisive trial, allows the country to move forward from these issues.”
The six-week jury trial was actually supposed to begin on Monday, but Judge Davis delayed the start by one day as the sides were seemingly working to come to a settlement.
Dominion Voting Systems, Inc. vs. Fox News/Fox Corporation was originally billed as one of the most high-profile defamation trials in years. It was a dispute over whether Fox News and parent company Fox Corp knowingly broadcast false claims that Dominion was involved in a plot to steal the 2020 presidential election. The settlement comes after the jury was sworn in Tuesday morning and after a two and a half our delay to the start of opening statements.
Adweek/TVNewser was not present at Delaware Superior Court in Wilmington, Del. for the proceedings, but we produced a live blog featuring insights of our media reporter colleagues who were on site.
7:30 a.m. ET: Here’s the scene outside of the courtroom, roughly 90 minutes before the proceedings begin. Tons of reporters have converged on the courthouse’s seventh floor, as expected.
Line has formed outside
90 minutes til the start of the $1.6 billion defamation trial against Fox News. I’ll be in the courtroom here in Wilmington, Delaware
Standby …. pic.twitter.com/rxbmPt3mtg
— Scott MacFarlane (@MacFarlaneNews) April 18, 2023
10 a.m. ET: A Fox News communications exec was removed from the courtroom for taking a photo of the proceedings, a breach of court protocol.
Judge Davis also issued a stern warning about his courtroom rules, including the prohibition on photographs. He said, “My understanding is they’ve moved somebody.” 5/
— ErikWemple (@ErikWemple) April 18, 2023
Judge says someone was booted from courtroom for snapping a photo (photo was subsequently deleted)
Judge says person responsible for photo accused others in courtroom of tweeting from courtroom. Judge instructs audience NOT to do so
(I’m in overflow room, where it’s permitted)
— Scott MacFarlane (@MacFarlaneNews) April 18, 2023
Judge Davis just went through the rules again, issuing a strong warning against live-tweeting from the main courtroom (I’m in the overflow room, where that is allowed).
— ErikWemple (@ErikWemple) April 18, 2023
9 a.m. ET: Trial begins.
10:20 a.m. ET: Fox News MediaBuzz host Howard Kurtz is apparently seen in the building.
One notable individual in the press area is Fox News host Howard Kurtz, who said in late February that he was prohibited from talking about the case on his show. That policy was changed, and he said on his show last Sunday that he will provide “fair and down the middle coverage”
— Jeremy Barr (@jeremymbarr) April 18, 2023
11 a.m. ET: The trial is supposed to last six weeks, and the jurors have been selected, per multiple reports. There are 12 jurors and 12 alternates, and the process took just under two hours, which is pretty quick as far as these things go.
Judge is swearing-in final juror. #DominionvFox
— Scott MacFarlane (@MacFarlaneNews) April 18, 2023
News: The jury of 12 has been picked in the Fox/Dominion case! Now they are working to find 12 alternatives…
— Jeremy Barr (@jeremymbarr) April 18, 2023
While the main jury has been picked, their names have been sealed and only numbers were used in the picking process.
— Jeremy Barr (@jeremymbarr) April 18, 2023
11:44 a.m. ET: The Simpsons to be used as part of Fox News’ defense. .
“Fox’s lengthy list of trial exhibits includes four clips from “The Simpsons”” https://t.co/hvp7QfL32p
— Oliver Willis (@owillis) April 18, 2023
11:53 a.m. ET: Standard instructions being read to the jury by Judge Eric M. Davis.
Judge Davis now reading standard instructions to the jury.
Tells jurors to avoid social media, information on the internet about the case etc.
He emphasized this twice, alluding to the mega media attention it has gotten.
“Do not read anything about the case,” he says
— Dominick Mastrangelo (@DomMastrangelo1) April 18, 2023
11:55 a.m. ET: Two-day break scheduled for early May.
Judge: Case will take a two-day break on May 4 and May 5
— Brian Steinberg (@bristei) April 18, 2023
12:06 p.m. ET: Morning session is done. Opening statements to kick off the afternoon portion of the trial.
Judge Davis has called a recess until 1:30 in the Dominion trial.
Opening statements will be next.
— Justin Baragona (@justinbaragona) April 18, 2023
12:23 p.m. ET: The 12-person jury consists of half men, half women (six men, six women), and nine of the 12 are reportedly people of color.
Per my teammates in courtroom. Of the first 12 jurors seated (the non-alternates), there are six men and six women
— Scott MacFarlane (@MacFarlaneNews) April 18, 2023
12:45 p.m. ET: Who will deliver opening statements for Dominion and Fox News.
Stephen Shackelford will deliver opening statement for Dominion and Dan Webb will deliver for Fox.
— Ted Johnson (@tedstew) April 18, 2023
1:55 p.m. ET: Opening statements were supposed to start at 1:30 p.m. ET. Fast forward 25 minutes, and they haven’t. Reporters are starting to get antsy.
After sitting in the Fox News – Dominion courtroom for over an hour with the nation’s top media reporters and absolutely NOTHING happening, I wonder if we’ve fallen for some sort of trap.
— Colby Hall (@colbyhall) April 18, 2023
Judge pledged to keep the trial running on-time
But we are now 35 minutes delayed from resuming after a generous lunch break
And still waiting for judge and jury.
Standby
— Scott MacFarlane (@MacFarlaneNews) April 18, 2023
2:30 p.m. ET: Recess was supposed to end at 1:30 p.m. ET. However, it’s 2:30 and the judge and jury have yet to return to the courtroom. No one seems to know why there’s a delay (including court staff), but daily proceedings are supposed to take place from 9:30 a.m.-4:30 p.m. ET, and with each side being granted 90 minutes for their respective opening statements, only Dominion has the possibility of delivering its statement today (although at this rate, that might not even happen).
Attorneys are moving in and out of courtroom. Some are on their phones. Spectators in courtroom have been advised they’re free to move about or use the restroom if needed
This delay appears it’s going to be a prolonged one.
— Scott MacFarlane (@MacFarlaneNews) April 18, 2023
We’re now at a one-hour delay in coming back from recess. Also, the audio-only line has gone fully silent.
— Justin Baragona (@justinbaragona) April 18, 2023
2:50 p.m. ET: A moment of levity:
80 minutes into this unexplained delay, a court staffer tells the overflow room: “As an update, I don’t have any updates.” Everyone laughs.
— Kira Lerner (@kira_lerner) April 18, 2023
3:59 p.m. ET: After a two and a half hour delay, Judge Davis returned to the courtroom and said simply, “the parties have resolved their case.”
“The parties have resolved their case.”
Dominion v. Fox is SETTLED.
— Brian Stelter (@brianstelter) April 18, 2023
Dominion’s side has been all smiles last few hours. Fox was the one shuffling, going back and forth, in and out. Eventually, Fox’s lawyers nodded softly to each other. https://t.co/4ck8FV4UMC
— Eriq Gardner (@eriqgardner) April 18, 2023