Smartmatic’s Fox News Settlement Faces Setback

By The Blog Source

Smartmatic's hopes of receiving a sizable compensation payment from Fox News were dashed on Tuesday when a judge in New York ordered the company to provide concrete proof that it had experienced any genuine financial losses as a result of the allegedly derogatory comments made by Fox News employees on-air following the 2020 elections.

The judge's decision was made only a few weeks after Fox News moved to dismiss the case, arguing that Smartmatic had no merit prior to Fox News's discussion of it. According to New York law, a plaintiff must first demonstrate that the defendant's allegedly false remarks caused it to incur financial injury to prevail in a defamation case. According to the judge's order, which appears to support Fox's motion, Smartmatic must establish damages before any discovery can proceed.

According to the judge's decision, Smartmatic must reveal all "documents and communications."

The order states that the plaintiffs must determine the precise financial losses brought on by the alleged defamatory remarks to pursue special damages in the form of lost earnings. "A key component of the defendants' defense is that there are other factors, such as the widely reported criminal charges against plaintiffs' executives, that contributed to the plaintiffs' business decline and had nothing to do with the defendants' statements."

Smartmatic's president and two other executives are accused of bribing a high-ranking Philippine election official. Although the case's verdict is still pending, Fox News is asserting that Smartmatic's lost revenue is due to its legal issues rather than Fox News's claims.

After Dominion obtained a $787.5 million settlement from Fox in 2023, Smartmatic is attempting to reach a deal with Fox News. In court, Fox News has maintained that the Dominion and Smartmatic cases are completely distinct, pointing out that Dominion executives claimed that it was defamatory to even be likened to Smartmatic.

In contrast to Dominion, Smartmatic is an international business that has never conducted substantial operations in the US. It now appears to have little chance of a legal payout.

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