Smartmatic sends 'cease and desist' letters, demands retractions from Fox News, OAN and Newsmax

[Tanj]

Certainly worth refiling in the "well that aged well" files

 

[essentialsaltes]

Fox News. Three minutes of facts. Friday night.

After voting technology company Smartmatic sent Fox News a blistering legal threat that accused the network of participating in a "disinformation campaign" against it, the network has started airing a remarkable news package debunking claims its hosts and guests have propagated.

Fox News is still keeping its distance from Trump's lies.

 

[perplexed]

Fox news was Booed at Trump's Ohio rally

 

[essentialsaltes]

From the "We'll soon see who does what ... and when", files: A voting technology company at the center of election conspiracy theories demanded a retraction ...

​

Lin Wood tweeted this concerning Smartmatic:

SmartMatic is not going to sue anybody. ​

​

Voting technology firm Smartmatic sues Newsmax and One America News, alleging defamation

The voting technology firm Smartmatic filed lawsuits against Newsmax and the parent company of One America News, alleging that the right-wing outlets knowingly spread disinformation during the 2020 U.S. presidential election and defamed the company by telling viewers, without evidence, that its technology was used to steal votes from then-President Donald Trump.

In August, Dominion [the other elections tech company] also filed lawsuits against Newsmax and OAN, claiming that the networks defamed it by spreading and endorsing false reports that it helped steal the 2020 election from Trump.

Dominion sues Newsmax and One America News over election fraud claims

In February, Smartmatic also sued Fox News, as well as some of its hosts and guests, including Trump’s former personal attorney Rudolph W. Giuliani, claiming defamation over similar allegations.

Dominion also sued Fox News in March, alleging defamation.

 

[Tanj]

Looks like Rudy has the wining defense...

Fox News, Smartmatic Lawyers Spar In Defamation Lawsuit Hearing – Deadline

to dismiss six of the claims against his client Giuliani because they constituted “product disparagement,” or calling the software lousy, not defamation.

 

[rambot]

Looks like Rudy has the wining defense...

Fox News, Smartmatic Lawyers Spar In Defamation Lawsuit Hearing – Deadline

to dismiss six of the claims against his client Giuliani because they constituted “product disparagement,” or calling the software lousy, not defamation.

yes maybe but what should we FILE this under Tanj.....

 

[essentialsaltes]

Voting technology firm Smartmatic sues Newsmax and One America News, alleging defamation

Smartmatic sues Mike Lindell for defamation, saying he is 'crazy like a fox' and alleging he 'intentionally stoked the fires of xenophobia and party divide for the noble purpose of selling his pillows'

When reached for comment on Tuesday night, Lindell told Insider that he was "excited" about the Smartmatic lawsuit because it would allow him to present evidence that he says he has on the company.

"They're guilty. They've attacked us and were part of the biggest crime in history against our country. And they're going to all go to prison," Lindell told Insider when asked for comment about Smartmatic's lawsuit against him.

 

[Belk]

Smartmatic sues Mike Lindell for defamation, saying he is 'crazy like a fox' and alleging he 'intentionally stoked the fires of xenophobia and party divide for the noble purpose of selling his pillows'

When reached for comment on Tuesday night, Lindell told Insider that he was "excited" about the Smartmatic lawsuit because it would allow him to present evidence that he says he has on the company.

"They're guilty. They've attacked us and were part of the biggest crime in history against our country. And they're going to all go to prison," Lindell told Insider when asked for comment about Smartmatic's lawsuit against him.

Guess we can add them to the other 300 Million he has evidence against?

 

[GreatLakes4Ever]

Smartmatic sues Mike Lindell for defamation, saying he is 'crazy like a fox' and alleging he 'intentionally stoked the fires of xenophobia and party divide for the noble purpose of selling his pillows'

When reached for comment on Tuesday night, Lindell told Insider that he was "excited" about the Smartmatic lawsuit because it would allow him to present evidence that he says he has on the company.

"They're guilty. They've attacked us and were part of the biggest crime in history against our country. And they're going to all go to prison," Lindell told Insider when asked for comment about Smartmatic's lawsuit against him.

Lindell really might be a genius if he pulls this off. He would get to present the evidence that he has in this trial. Truth is an absolute defense against libel. If what he is saying is true, Smartmatic’s lawsuit will lose. This is assuming Lindell can actually prove what he has been saying is true. If he can’t, I’m not really sure what Smartmatic is going to do with a pillow company.

 

[Hans Blaster]

Lindell really might be a genius if he pulls this off. He would get to present the evidence that he has in this trial. Truth is an absolute defense against libel. If what he is saying is true, Smartmatic’s lawsuit will lose. This is assuming Lindell can actually prove what he has been saying is true. If he can’t, I’m not really sure what Smartmatic is going to do with a pillow company.

There going to have to share it with Dominion.

Since Lindell has accused all of us of criminal voter fraud, can we all get a few hundred million?

 

[essentialsaltes]

I guess Fox's truth package wasn't good enough.

Voting technology company Smartmatic files $2.7 billion lawsuit against Fox News, Rudy Giuliani and Sidney Powell over 'disinformation campaign'

New York judge denies Fox News' motion to dismiss Smartmatic defamation lawsuit against network over 2020 election falsehoods

In his ruling on Tuesday, Judge David B. Cohen said that "plaintiffs have adequately pleaded that their claims against Fox News have a sufficient basis in law." The company may also proceed with claims against Bartiromo and Dobbs.

However, he did dismiss all of Smartmatic's claims against Pirro and Powell. Cohen also dismissed some defamation claims against Giuliani due to a legal technicality, but other claims against Giuliani were allowed to proceed.

"Even assuming that Fox News did not intentionally allow this false narrative to be broadcasted, there is a substantial basis for plaintiffs' claim that, at a minimum, Fox News turned a blind eye to a litany of outrageous claims about plaintiffs unprecedented in the history of American elections, so inherently improbable that it evinced a reckless disregard for the truth," Cohen wrote in the decision.

 

[cow451]

And in related news....Texas State Bar Alleges Sidney Powell Committed Professional Misconduct With Election Lawsuits — Could Lead To Disbarment

 

[essentialsaltes]

New York judge denies Fox News' motion to dismiss Smartmatic defamation lawsuit against network over 2020 election falsehoods

Fox loses on appeal.

Fox News lost an attempt on Tuesday to shut down a multibillion-dollar defamation lawsuit that accuses the network of spreading lies that a voting technology company helped “steal” the 2020 election from Donald Trump.

New York’s supreme court appellate division, a mid-level appeals court, ruled against the network, which wanted judges to dismiss the $2.7bn case.

The five-judge ruling concluded there were “significant allegations” that Giuliani and Powell defamed the company.

“The complaint alleges in detailed fashion that in their coverage and commentary, Fox News, Dobbs and Bartiromo effectively endorsed and participated in the statements with reckless disregard for, or serious doubts about” whether there was any reliable evidence for them, five judges wrote in a unanimous opinion.

Citing “the same reasoning”, they also reinstated Smartmatic’s claims against Pirro, which a lower court threw out. <NelsonMuntz.gif>

 

[Pommer]

Fox loses on appeal.

Fox News lost an attempt on Tuesday to shut down a multibillion-dollar defamation lawsuit that accuses the network of spreading lies that a voting technology company helped “steal” the 2020 election from Donald Trump.

New York’s supreme court appellate division, a mid-level appeals court, ruled against the network, which wanted judges to dismiss the $2.7bn case.

The five-judge ruling concluded there were “significant allegations” that Giuliani and Powell defamed the company.

“The complaint alleges in detailed fashion that in their coverage and commentary, Fox News, Dobbs and Bartiromo effectively endorsed and participated in the statements with reckless disregard for, or serious doubts about” whether there was any reliable evidence for them, five judges wrote in a unanimous opinion.

Citing “the same reasoning”, they also reinstated Smartmatic’s claims against Pirro, which a lower court threw out. <NelsonMuntz.gif>

Possibly related, NewsCorp to layoff 5% of its workforce.

 

[essentialsaltes]

Possibly related,.....

"The announcement comes as media and tech industries have been hit with a slew of layoffs in recent months."

 

[wing2000]

Citing “the same reasoning”, they also reinstated Smartmatic’s claims against Pirro, which a lower court threw out. <NelsonMuntz.gif>

An appeal loss x2

 

[Pommer]

"The announcement comes as media and tech industries have been hit with a slew of layoffs in recent months."

I’m thinking that savvy businessman Murdoch is shoring up funds for a possible settlement offer.
Still, this bear of little brain has been known to overclock his gray matter.

 

[essentialsaltes]

And in related news....Texas State Bar Alleges Sidney Powell Committed Professional Misconduct With Election Lawsuits — Could Lead To Disbarment

Sidney Powell avoids disbarment in Texas over election lies after judge throws out the state bar's case because the exhibits were misnumbered​

Bouressa, a Republican, said in her ruling that the Commission for Lawyer Discipline had "failed to meet its burden" in part because of "difficulty locating materials cited in the Commission's brief."

The decision is appealable, the judge said.

 

[essentialsaltes]

Fox loses on appeal.

Fox News lost an attempt on Tuesday to shut down a multibillion-dollar defamation lawsuit that accuses the network of spreading lies that a voting technology company helped “steal” the 2020 election from Donald Trump.

New York’s supreme court appellate division, a mid-level appeals court, ruled against the network, which wanted judges to dismiss the $2.7bn case.

If at first you don't succeed, or on appeal, fail again at the state Supreme Court level. [er, see Hans Blaster's comment immediately following]

NY Supreme Court Issues Devastating Ruling Against Fox News In New Defamation Lawsuit​

More turbulence is building around Fox News after the New York Supreme Court approved a $2.7 billion lawsuit defamation lawsuit against the network by voting machine company Smartmatic, The Guardian reports.

In its Friday ruling, New York’s high court declined to dismiss defendants Fox News, host Maria Bartiromo, and former host Lou Dobbs.

 

[Hans Blaster]

If at first you don't succeed, or on appeal, fail again at the state Supreme Court level.

NY Supreme Court Issues Devastating Ruling Against Fox News In New Defamation Lawsuit​

More turbulence is building around Fox News after the New York Supreme Court approved a $2.7 billion lawsuit defamation lawsuit against the network by voting machine company Smartmatic, The Guardian reports.

In its Friday ruling, New York’s high court declined to dismiss defendants Fox News, host Maria Bartiromo, and former host Lou Dobbs.

FYI, because NY courts are weird...

The NY Supreme Court (or Supreme Court of the State of New York ) is the regular trial court in NY. This case is in "Part 58" which is a civil court located in Manhattan. (Yes, those "Part ##" you see in the intertitile cards on L&O.) Appeals go first to the "Appellate Division" and at the top the "New York Court of Appeals". (the equivalent to most states "Supreme Court")

The judge making the ruling is the one that would oversee a trial.

The article is just wrong to call this "New York's high court".

(If this were a federal case, this would be a ruling from the district court judge in the Southern District of New York. )