Two hours after Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News was to start came word from the courtroom that the parties had settled their dispute.
“The parties have resolved their case,” Superior Court Judge Eric Davis said shortly before 4 p.m.
The trial for the blockbuster $1.6 billion defamation lawsuit Dominion Voting Systems has waged against Fox News and its parent company was set to begin today.
Opening statements were slated to start at the New Castle County courthouse after jury selection is completed. At the conclusion of this six-week trial, 12 Delawareans will decide the outcome of one of the highest-profile defamation lawsuits in decades.
The trial was originally set to begin Monday morning, but the judge announced late Sunday night that it was being pushed to Tuesday. While Judge Eric Davis did not give a reason for the delay, media outlets reported that settlement talks are ongoing on Monday.
Settlement:Fox News, Dominion reach $787.5M settlement just before defamation trial was set to begin
“I can’t think of another one that has been as consequential in recent history,” said Carl Tobias, a law professor at the University of Richmond. “It clearly ranks as one of the most important, partly because of who the players are.”
No need for on-air apology
New York Times reporter Jim Rutenberg claims Fox News does not have to apologize on air to Dominion as part of the settlement agreement.
Fox News statement
Fox News issued a statement saying they were “pleased to have reached a settlement” in their two-year “dispute” with Dominion Voting Systems.
The three-paragraph statement also said they “acknowledge the court’s rulings finding certain claims about Dominion to be false.”
$787.5 million settlement
While Dominion Voting Systems was looking for a $1.6 billion in damages, they received just under half of that according to their lawyers.
“The truth matters,” Dominion Lawyer Justin Nelson said outside the courthouse Tuesday after a settlement was announced. “Lies have consequences.”
The settlement means the Delaware jurors selected for this case will not get to hear testimony from many high-profile Fox News personalities and executives, including Fox Chairman Rupert Murdoch and hosts Sean Hannity and Tucker Carlson.
Settlement reached before opening arguments began
Two hours after Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News was to start came word that the parties had settled their dispute.
“The parties have resolved their case,” Superior Court Judge Eric Davis said shortly before 4 p.m.
Judge in the room
More than two hours after opening statements were set to start, Superior Court Judge Eric Davis has entered the courtroom. But not before speculation grew as reporters waited for word of what has been stalling the start of Dominion’s $1.6 billion defamation lawsuit against Fox News.
Opening statements were supposed to start at 1:30 p.m., but no word from Davis on what’s causing the delay.
Reporters have been tweeting how unusual it is for a judge to not tell the courtroom what’s going on. Some are even writing about it.
Britain’s The Independent is calling the delay a “mystery” in its heading.
Reuters is reporting that a reason has not been provided for the delays, “but two sources previously told Reuters that Fox and Dominion had been holding last-minute settlement talks.”
The New York Times’ Jim Rutenberg is reporting the courtroom scene as “it is sweltering, everyone is up from their seats, going in and out of the room. Fox’s lead lawyer, Dan Webb, has taken several phone calls. Some people are standing, all are talking, others gesticulating. It’s relative anarchy for Judge Davis’s court.”
He also said legal experts in the room told him “this delay is a highly unusual development just minutes before opening statements were set to begin.”
Judge authorizes special master
Heading into trial, Fox has already experienced several setbacks — and according to ABC News, it looks like they were handed another ahead of Tuesday’s scheduled opening statements.
Superior Court Judge Eric Davis had already rejected Fox’s motion to throw out the case, ruling in favor of Dominion that the claims Fox aired about the company were indeed false. Newsworthiness, the judge ruled, is not a defense for defamation.
Davis, during pretrial hearings, also sanctioned Fox’s legal team for withholding evidence, including recordings of a former Fox producer that involved Trump associates.
On Tuesday, just before opening statements were scheduled to start, Davis authorized an investigation into this issue to see if Fox needs to be sanctioned even further, ABC News reported. Davis last week reprimanded Fox’s lawyers, telling them they have a “credibility problem” and questioned if he could trust what they told him. A Fox lawyer formally apologized to the court last week.
More:Fox News sanctioned by Delaware judge for withholding evidence in $1.6B defamation trial
ABC News is reporting that the order is calling for an investigation by the special master that will “include a determination” of whether Fox News and Fox Corp “complied with their discovery obligations.”
The special master, who was previously appointed to oversee discovery in the case, is now “further authorized and empowered” to look into multiple declarations made by Fox attorneys in the case, ABC News is reporting the order as saying.
Still waiting
As of 2:45 p.m., opening statements had yet to begin despite being set for 1:30 p.m.
No reason has been given for why there is a delay.
Inside the courtroom, attorneys for both sides are sitting looking fairly relaxed as media reporters go around asking each other if they know what is going on.
The judge, who is not in the courtroom, previously said 4:30 p.m. was going to be a hard stop time.
Dominion lawyers said they would need 75 minutes for their opening statements, while attorneys for Fox News said they would need 90 minutes for their opening statements.
More:Dominion Voting sues Fox for $1.6 billion over false 2020 election fraud claims
Opening statements scheduled for this afternoon
Opening statements in the long-awaited Dominion defamation lawsuit against Fox News are scheduled to start at 1:30 p.m.
Delaware Superior Court Judge Eric Davis met with two representatives from counsel for a sidebar before breaking for lunch a little after noon.
Dominion Voting Systems filed its $1.6 billion defamation lawsuit against Fox News in 2021, claiming the cable news network “broadcast a series of verifiably false yet devastating lies” implicating the election software company in an unfounded conspiracy to steal the presidential election.
More:Jan. 6 insurrection not relevant in Fox defamation trial, Delaware judge rules
Dominion asserts that Fox News intentionally aired false allegations that its software rigged the election against former President Donald Trump “because the lies were good for Fox’s business.” Dominion said the network was trying to lure back viewers who were angered when the network called the Nov. 3 election for Trump’s Democratic challenger, Joe Biden.
The company said the legal action follows repeated demands for retractions, adding that “Fox producers, content managers, and hosts were notified more than 30 times that their smears were not true.”
Stern warning from judge after photo taken in courtroom
Superior Court Judge Eric Davis said someone was found taking a photo in the courtroom just before proceedings started Tuesday morning. Photography is not allowed in Delaware courtrooms.
The person is a “party,” the judge said, but he did not give more detail.
Washington Post media critic Erik Wemple said Caley Cronin, a public relations representative for Fox News, was summoned from Davis’ courtroom and directed to the overflow room for having taken a photograph in the courtroom.
The photo was deleted from the person’s phone, Davis said. Ha also gave a stern warning to people in the courtroom, many of whom are reporters, to not take photos or connect to the Internet while in the courtroom.
This is the most access any Superior Court trial has ever had, Davis said.
“It’s not a joke,” he said.
More:Judge in Dominion lawsuit sanctions Fox News, questions truthfulness of network’s lawyers
‘Fight human nature,’ judge tells jurors and alternates
The jury and alternates, who will hear what’s expected to be a weeks-long Dominion defamation lawsuit against Fox News were chosen just after 11 a.m.
Superior Court Judge Eric Davis gave initial instructions to the 24 Delawareans, urging them to “fight human nature” and not discuss this case with the other jurors until deliberations — as well as with family and friends.
He also warned the jurors from doing “any detective work.” They must limit themselves to the evidence presented in the courtroom.
More:Dominion Voting sues Fox for $1.6 billion over false 2020 election fraud claims
Following Davis’ words to the jury came a quick break. After that, the judge will hear lawyer objections on opening presentations and then opening arguments will begin.
Get a glimpse of what’s happening outside Wilmington courthouse
Delaware Online/The News Journal photographers have been outside the Leonard L. Williams Justice Center capturing what’s going on as the Dominion defamation lawsuit against Fox News gets ready to start.
More:Judge in Dominion lawsuit sanctions Fox News, questions truthfulness of network’s lawyers
Here are some of the images outside Wilmington’s 500 N. King St.
Jury selected, alternates now being picked
The 12 jurors expected to hear the Fox News defamation trial have been chosen and now a dozen alternates are being determined.
Delaware jurors will decide if Fox committed “actual malice,” or the idea that Fox knowingly published false information about Dominion or recklessly disregarded information showing the claims were not true.
More:Fox News anchors may take the stand in Delaware, but you can’t watch it live. Here’s why
The trial is expected to last six weeks.
What’s happening outside the courthouse
A school bus filled with children drove past the courthouse. The children, who looked elementary or middle school-aged, yelled out the window at all the media lined up outside the courthouse. The kids laughed and stuck their tongues out, clearly excited about the commotion.
Will Kenkel, a local, stood outside the Wilmington courthouse with a sign that read “Tucker Carlson, ditch the fascistic, stick w/ fish sticks.”
Kenkel, who made the sign himself, said the slogan was prompted by his wife, who couldn’t tell if he was saying “fascistic” or “fish sticks.”
While Kenkel didn’t mention Carlson’s family fortune, the TV host’s father married the heiress to Swanson frozen foods when Carlson was 10. The frozen food empire is well known for its fish sticks.
Kenkel said he was a little bit worried Monday when they delayed the trial, joking that if they settled, his knee pain from making the sign was going to be for naught.
He added that he plans to protest throughout the weeks-long trial.
More:Delaware residents will decide outcome of Fox News defamation case. Trial to begin Tuesday
“I’ve just been dismayed for a long time about all the mistruths and selective coverage on Fox,” he said. “There’s just some sense of justice after finally getting called out on it and taken to court, and hopefully made to pay for their broadcasting known falsehoods.”
A third protester showed up around 9 a.m., wearing a shirt that said Make America Kind Again. He held a small sign that said, in all capital letters, “Fox + GOP = fascist propaganda.”
Objections to opening statements
The final part of jury selection has officially started.
Just before, lawyers for each side indicated they have objections to each other’s opening statement slides. Fox lawyer Dan Webb said Dominion is “objecting to huge amounts” and that it would “cripple” their argument.
Fox has also objected to a significant portion of Dominion’s presentation, he said.
Final stage of jury selection kicks off Tuesday
The final stages of jury selection started at 9 a.m., with opening statements starting shortly after.
These 12 Delaware jurors will have to decide if Fox committed “actual malice,” or the idea that Fox knowingly published false information about Dominion or recklessly disregarded information showing the claims were not true.
Last week, Delaware Superior Court summoned more than 1,000 people, who were asked a series of questions about their media consumption and if they worked at polling places, among others.
WHAT TO KNOW:Delaware residents will decide outcome of Fox News defamation case. Trial to begin Monday
In the course of the upcoming six weeks, a dozen jurors will hear the evidence with 12 alternates, who will fill in if jurors have to drop out due to sickness or other circumstances.
Waiting for the trial to start
Reporters began lining up outside of a Leonard L. Williams Justice Center courtroom before 7 a.m. when the room opened an hour later.Reporters have two options to watch the trial: They can watch from the courtroom or via a livestream in a neighboring courtroom – both on the seventh floor.
Outside the Wilmington courthouse, media largely swarmed the area. But one man held a handmade sign saying, “Make Them Pay” and “Fox is guilty.”
The man appeared to focus on a group of well-dressed people, though it’s unclear what their role in the trial is. One man in a suit and two women stood in the group chatting. As the news cameras gathered around them to take a photo of the protester, they would move.
Mobile billboards
Two mobile billboard trucks trolling Fox News have been circling the area near Wilmington’s Leonard L. Williams Justice Center, where the Fox News defamation trial is scheduled to start.
The mobile billboards, commissioned by left-leaning media watchdog group Media Matters for America, have messages reading “Fox News Lied,” “Lachlan Murdoch Knew,” “Rupert Murdoch Knew,” “Tucker Carlson Knew,” “They All Knew,” “FoxKnew.com”
The billboards highlight that Fox News knew the election fraud claims Trump’s team was pushing in 2020 were lies and promoted them anyway, according to a statement by Media Matters for America. The billboards specifically call out Fox Corp.’s chairman Rupert Murdoch and his son, CEO Lachlan Murdoch, who are scheduled to testify at the trial.
Shortly after 8 a.m., the trucks moved from their spot on King Street and began driving down the road, turning onto Fourth Street as they circled the courthouse. As they drove by a DART bus stop, one man looked at them and smiled, saying “wow, wow.”
“That’s wild, isn’t it?” he said.
What to expect at the trial and what’s at stake
Dozens of journalists are expected to flock to Delaware to cover the trial. This case will also likely be one of the most significant trials The First State has ever hosted. Judge Eric Davis has prohibited any use of cameras in the courtroom or publishing audio recordings.
Dominion filed a lawsuit against Fox in 2021 after the cable news network aired false claims about Dominion, specifically that it helped rig the 2020 presidential election.
Jurors will have the task of determining if Fox committed “actual malice,” or the idea that it knowingly published false information about Dominion or recklessly disregarded information showing that the claims were not true.
Dominion claims Fox knowingly spread falsehoods to pander to its conservative base of customers.
Fox has denied all wrongdoing, saying its hosts were covering the most important news story of the day. Fox News released a statement days before trial that described the lawsuit to be a “political crusade in search of a financial windfall.”
Many Fox hosts are expected to testify during the course of the trial, including Sean Hannity and Tucker Carlson. It’s expected that Fox chairman and media mogul Rupert Murdoch will also testify.
IN CASE YOU MISSED IT:Fox News sanctioned by Delaware judge for withholding evidence in $1.6B defamation trial
