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Dominion to Sue Fox, Anchors, Giuliani, Powell, etc

Discussion in 'Too Hot for Swamp Gas' started by G8trGr8t, Dec 24, 2020.

  1. ncargat1

    ncargat1 VIP Member

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    Well, then get ready for Smartmatic's $2.7B lawsuit!

     
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  2. oragator1

    oragator1 Premium Member

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  3. oragator1

    oragator1 Premium Member

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  4. rivergator

    rivergator Too Hot Mod Moderator VIP Member

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  5. tampajack1

    tampajack1 Premium Member

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    In addition to whatever compensatory damages might be awarded to the plaintiffs, these cases seem ripe for the awarding of billions of dollars of punitive damages.
     
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  6. oragator1

    oragator1 Premium Member

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  7. Sohogator

    Sohogator GC Hall of Fame

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  8. oragator1

    oragator1 Premium Member

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    Like I said, they should have settled way back when. read this whole thread.
     
    Last edited: Mar 29, 2023
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  9. cocodrilo

    cocodrilo GC Hall of Fame

    Apr 8, 2007
    I don't understand why Fox"News" has handed over all these self-damning emails and memos instead of destroying them. (How hard is it to delete an email on a computer?) Just like why didn't Nixon destroy those tapes? Stupid!
     
  10. Sohogator

    Sohogator GC Hall of Fame

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    Email and texts last forever. It’s why trump doesn’t use them.
     
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  11. Sohogator

    Sohogator GC Hall of Fame

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    A potential setback for Dominion


    Tucker Carlson Produces Doctor’s Note Claiming He Would Be Unable to Raise Right Hand in Court

    Complicating Dominion Voting Systems’ effort to make Tucker Carlson testify when its case against Fox News goes to trial, the T.V. host has produced a doctor’s note claiming that he would be unable to raise his right hand in court.

    According to the note, signed by his New York orthopedist, Carlson sustained “a severe injury to the rotator cuff when he was a Little League pitcher and, as a result, has been unable to raise his right hand for the past forty-five years.”


    The doctor’s note failed to convince Dominion, however, which responded by releasing dozens of photos showing Carlson raising his right hand, including during a mass salute at a Trump rally.

    The company also called into question the credibility of Carlson’s orthopedist, Dr. George Santos.
     
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  12. cocodrilo

    cocodrilo GC Hall of Fame

    Apr 8, 2007
    Are you saying that DOJ got the emails not from Fox but from the service provider? That makes sense. I guess the folks at Fox knew that destroying what they had would be futile. Maybe they simply handed them all over, with the caveat that "they're all out of context."
     
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  13. mrhansduck

    mrhansduck GC Hall of Fame

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    I wonder what Tucker would say about this under oath? Maybe he would try to claim the election was unfair because of some changes to voting laws and court rulings that took place before the election. But he clearly knew about those cases when he was privately bashing Trump and Powell for lying about mass voter fraud. What facts have emerged since those private communications?

    Boggles my mind that he said this so recently - during a pending lawsuit and given the evidence that has been coming out. Maybe he's just having to publicly double down because he's scared of Trump and worried his viewers will leave him if he doesn't tell them what they want to hear.

    ***

    Earlier this month, during his coverage of the Jan. 6 attack on the Capitol, Carlson described the election as unfair.


    “The protesters were angry: They believed that the election they had just voted in had been unfairly conducted. And they were right,” Carlson said. “In retrospect, it is clear the 2020 election was a grave betrayal of American democracy. Given the facts that have since emerged about that election, no honest person can deny it.”
     
  14. ajoseph

    ajoseph Premium Member

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    Because they are required to do so in discovery under the rules of court. If they destroyed the emails, and were caught doing so, their pleadings would be struck (here and this would used in other cases). If lawyers knew about the destruction, they could lose their license. There are other ramifications, as well, as Fox is a public company.

    I always advise my clients to produce what they have and never destroy something. Invariably, the destroyed item will pop up through a collateral source. As I tell them, I can lawyer around almost any document, but I can never lawyer around self-destruction.
     
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  15. rivergator

    rivergator Too Hot Mod Moderator VIP Member

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    Please edit to fit the board rules. In this case quote only two paragraphs

     
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  16. VAg8r1

    VAg8r1 GC Hall of Fame

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    Let's not forget punitive damages, the purpose of which is to punish especially egregious behavior and even if Dominion's actual losses may be under the $1.6 billion that it is requesting it seems to me that there is more than enough evidence against Fox to justify substantial punitive damages.
     
  17. Trickster

    Trickster VIP Member

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    Judge has denied motions for summary judgment by each side. Jury selection will commence in April followed by the trial. If the OD lawyers are able to piss off the jury, they may get at or near the $1.6 BILLION in damages they are seeking. That will put a serious hurt on Fox and perhaps counsel them to be just acceptably biased (like MSNBC) instead of liars.
     
  18. Sohogator

    Sohogator GC Hall of Fame

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    Whoopsie!

    But I thought this had already been decided. They should just sign a check for $1.6B now high likelyhood the jury comes back with more. Some one needs game out potential outcomes and do a time value of money calc. Its simple but you have to be honest wrt to the risk weighting.

    Judge Scorches Fox News’ Claim Their Dominion Coverage Was Protected Opinion, Sending Media Case of the Century to Trial

    While the Court must view the record in the light most favorable to Fox, the record does not show a genuine issue of material fact as to falsity. Through its extensive proof, Dominion has met its burden of showing there is no genuine issue of material fact as to falsity. Fox therefore had the burden to show an issue of material fact existed in turn. Fox failed to meet its burden. The evidence developed in this civil proceeding demonstrates that is CRYSTAL clear that none of the Statements relating to Dominion about the 2020 election are true. Therefore, the Court will grant summary judgment in favor of Dominion on the element of falsity. [Emphasis in original.]

    As discussed above, the Statements are defamatory per se because the Statements claimed that Dominion committed election fraud; manipulated vote counts through its software and algorithms; is founded in Venezuela to rig elections for dictator Hugo Chavez; and paid kickbacks to government officials who used the machines in the Election. Dominion contends that the Statements strike at the basic integrity of its business. That alone makes the Statements defamatory per se. The Statements also seem to charge Dominion with the serious crime of election fraud. Accusations of criminal activity, even in the form of opinion, are not constitutionally protected.


    t
     
    Last edited: Mar 31, 2023
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