The $1.6 billion lawsuit is the most consequential libel fight in decades. Will Fox settle?
. This means that the falsehoods were so naturally injurious to Dominion that the plaintiff need not prove actual damages such as lost business or proven reputational damages. Damages are. If the jury finds Fox News or its parent company acted with actual malice, the jury can assess whatever damages it believes are justified.
Three key questions remain to be decided by the jury. First, whether Fox Corporation is itself also liable because of the alleged involvement of Rupert Murdoch, Fox’s chairman, and other Fox executives, in Fox News’ decision to broadcast defamatory statements about Dominion. The court has ruled that, if subpoenaed by Dominion, Murdoch will be required to testify in person at the trial.
Finally, if the jury finds either Fox News or its parent company liable, the jury will decide the amount of actual and presumed damages. Judge Davis has not yet decided whether the jury will also be allowed to consider awarding punitive damages, which are designed solely to punish a defendant for egregious misconduct.
Meanwhile, media lawyers and their clients face a conundrum: A jury victory for Fox News may trigger an appellate process that could lead the Supreme Court to jettison the ultra-protective standard that media defendants have consistently relied upon since 1964. If Dominion, despite its strong evidence, fails to persuade the jury under the daunting actual malice test, Dominion may argue that the test unlawfully deprives injured parties of compensation for real and serious reputational injuries.
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