Last minute brinkmanship and overseas assist end Fox case

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Last minute brinkmanship and overseas assist end Fox case
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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, who said that the allegations against Dominion were unquestionably false, and that newsworthiness was no defense against defamation.

Jury selection can be a key moment in pushing two sides toward a last-minute settlement, said Lee Levine, a veteran First Amendment attorney. Meanwhile, after a lunch break, people returned to a courtroom cluttered with boxes filled with evidence. Webb spoke on a cellphone and approached Nelson to quietly talk more than once. At one point, Webb was seen walking out of the courtroom with a wide smile on his face.

Instead, Fox issued a statement that said it acknowledged Davis' findings that “certain claims about Dominion” were false. “This settlement reflects Fox's continued commitment to the highest journalistic standards,” Fox said.

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