Posted on Mar 9, 2022
Judge says Smartmatic can pursue election-rigging claims against Fox News, Giuliani
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A New York state judge on Tuesday said Smartmatic can pursue its $2.7 billion defamation lawsuit claiming that Fox News Network, Rudolph Giuliani and others falsely accused the electronic voting systems maker of helping rig the 2020 U.S. presidential election to favor Democrat Joe Biden.
Justice David Cohen of New York State Supreme Court in Manhattan rejected bids by Rupert Murdoch's Fox Corp, anchor Maria Bartiromo and former anchor Lou Dobbs to dismiss Smartmatic's claims against them.
Cohen also said Smartmatic can pursue some claims against Giuliani, who worked as a lawyer for former Republican President Donald Trump. He dismissed all claims against Fox host Jeanine Pirro and former Trump lawyer Sidney Powell.
Justice David Cohen of New York State Supreme Court in Manhattan rejected bids by Rupert Murdoch's Fox Corp, anchor Maria Bartiromo and former anchor Lou Dobbs to dismiss Smartmatic's claims against them.
Cohen also said Smartmatic can pursue some claims against Giuliani, who worked as a lawyer for former Republican President Donald Trump. He dismissed all claims against Fox host Jeanine Pirro and former Trump lawyer Sidney Powell.
Judge says Smartmatic can pursue election-rigging claims against Fox News, Giuliani
Posted from nbcnews.com
State of New York
Lawsuit
Election 2020
Fox News Channel
Posted 2 y ago
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PO1 William "Chip" Nagel
..."Smartmatic accused the defendants of turning the company into a "villain" by fabricating a story that its technology helped Biden steal the 2020 election from Trump.
Another technology provider, Dominion Voting Systems, has filed similar litigation against various defendants.
Without ruling on the merits, Cohen found a "substantial basis" for the claim that Fox News "turned a blind eye to a litany of outrageous claims about, unprecedented in the history of American elections, so inherently improbable that it evinced a reckless disregard for the truth."
In a 61-page decision, Cohen said Giuliani's "barrage" of criticism, including that Smartmatic fixed elections in Venezuela and was up to its "old tricks" on election night, justified letting some Smartmatic claims against him proceed.
But the judge said an alleged misstatement by Pirro was not defamatory and that he lacked jurisdiction to consider claims against Powell."
..."Smartmatic accused the defendants of turning the company into a "villain" by fabricating a story that its technology helped Biden steal the 2020 election from Trump.
Another technology provider, Dominion Voting Systems, has filed similar litigation against various defendants.
Without ruling on the merits, Cohen found a "substantial basis" for the claim that Fox News "turned a blind eye to a litany of outrageous claims about, unprecedented in the history of American elections, so inherently improbable that it evinced a reckless disregard for the truth."
In a 61-page decision, Cohen said Giuliani's "barrage" of criticism, including that Smartmatic fixed elections in Venezuela and was up to its "old tricks" on election night, justified letting some Smartmatic claims against him proceed.
But the judge said an alleged misstatement by Pirro was not defamatory and that he lacked jurisdiction to consider claims against Powell."
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