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Judge Allows Fox Corp. As Defendant In Smartmatic Lawsuit, But Refuses To Dismiss Network’s Counterclaim
The New York judge overseeing Smartmatic’s $2.7 billion lawsuit against Fox issued two rulings today, handing each side a win. Smartmatic sued Fox, network personalities and guests in 2021, c…
The judge wrote that Smartmatic “do not establish that there has already been a binding determinationthat their claims have a substantial basis in fact.” He added that Fox’s argument “is that plaintiffs’ alleged damages are so extenuated from their actual lost profits that they were pleaded and/or sought in order to chill defendants’ free speech rights. He wrote that the doctrine of collateral estoppel — or the re-litigating of issues already decided — “does not apply to any decisions or orders rendered in an action that was subsequently settled and discontinued.” As a report prepared by our financial expert shows, Smartmatic’s damages claims are implausible, disconnected from reality, and on their face intended to chill First Amendment freedoms.”
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