Fox News and Dominion Voting Systems pulled back from the brink of a contentious libel trial with a little assist from overseas.
Davis had ordered the two sides to try to mediate their differences last December, but it was a non-starter for Dominion. The company didn’t want the case to end without all of the evidence it had gathered made public. That happened through February and March, with document dumps that essentially outlined the case Dominion would have presented at trial.
Libel is tough to prove — a jury must find journalists knowingly published false information or with a “reckless disregard” for the truth. Yet Fox’s path to victory narrowed, both through the evidence presented and Jury selection can be a key moment in pushing two sides toward a last-minute settlement, said Lee Levine, a veteran First Amendment attorney.
Levine was walking on a beach in North Carolina with his wife, wearing ear buds to catch the audio feed of opening statements. When court hadn’t resumed by 2:30 p.m., his instincts told him that a settlement was near.“When it came together and not a moment before,” the mediator said. “The parties had different analyses of the law and the facts and were vigorous advocates for their positions all along the negotiations.”The negotiations were primarily financial.
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