Happy Fox Trial Day to All Who Celebrate

Your subscription could not be saved. Please try again.
Your subscription has been successful.
A FREE email newsletter from Josh Marshall An email newsletter from Josh Marshall

And now we know: there was no last-minute deal to settle the Dominion defamation case against Fox News. Jury selection is currently underway. Yesterday, I said I had some question over whether Dominion’s decision not to present a claim about the loss of future profits might signal that they were clearing the way for a settlement. Apparently not.

I should note that I did hear from a number of lawyers yesterday who said that they interpreted this as most likely a matter of Dominion focusing its trial strategy now that they know a lot more about what the trial, with the benefit of discovery and the judge’s decisions, is going to look like.

Another lawyer reader clarified that while Delaware law puts no limit on punitive damages, the Supreme Court has. That ruling is generally interpreted to mean that punitive damages cannot be more than nine times compensatory damages. So that is an important clarification.

That said, Dominion’s claim of damages seems to be over $1 billion. So that nine-times limit still creates plenty of room for a devastating damage award.

The fact that no settlement was possible seems to confirm what has generally been understood: that Dominion is insisting on damages in the neighborhood of their public claim (over one billion dollars) and insisting on apologies and on air public statements that are not only galling but hold the risk of lasting damage with Fox’s viewers.

Of course, it’s important to remember that the parties can come to a settlement during the trial as well. So it could still happen. But it looks like we’re going to go through the whole sordid mess.

Latest Editors' Blog
  • |
    May 28, 2023 11:46 a.m.

    From TPM Reader RC … You were wondering how Biden was able to get such a good deal; in the…

  • |
    May 27, 2023 10:16 p.m.

    Now we can say the following. There is a deal. Both sides are presenting it to their members. McCarthy announced…

  • |
    May 27, 2023 8:42 p.m.

    Bloomberg News is reporting that Biden and McCarthy have a deal.

  • |
    May 27, 2023 6:35 p.m.

    The Texas State House impeached Attorney General Ken Paxton by an overwhelming vote of 121-23. Under Texas state law Paxton…

Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Associate Editor:
Editor at Large:
General Counsel:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: