That assumes Dominion can pass the motion to dismiss. Despite Giulliani, Powell, et al lying, Dominion is likely going to have to show actual malice, which is a very difficult legal hurdle. A few lawyers I've been following on twitter that have been keeping a close eye on this are a bit split on whether or not Dominion is going to pass this particular hurdle.
I'm not sure the actual malice standard will apply. It applies to public figures, and I doubt that Dominion counts as that. They only became part of the public awareness because of the alleged defamatory statements. If the courts find that they don't qualify as a limited purpose public figure, then the actual malice standard no longer applies. Remember, the lawyer they retained is a pretty experienced defamation specialist. He wouldn't have taken the case if he thought he didn't have a good shot at winning.
If he is pressed under oath on the clams he made in public vs what he argued in court it's going to be interesting to see what he says as he is painted very deeply into a corner. Vein pulsating, eyes bulging claims about fraud in public, this is not a fraud case in court. A competent attorney is going to have a field day with that.
I am imagining something similar to the Scanners gif or 'eadbang for the 40K lore fans.
Same.
