(NewsNation) — While Fox News and Dominion have reached a settlement, it’s not the only legal action the cable broadcaster is facing. Here’s what we know about the second defamation lawsuit against the network.
Who is Smartmatic?
Smartmatic, like its rival Dominion, produces voting machines. Also like Dominion, its suing Fox News over false claims the network’s hosts made about the 2020 election being rigged, despite there being no evidence of widespread election fraud.
Why are they suing?
The company is suing anchors Maria Bartiromo, Lou Dobbs and Jeanine Pirro, along with Fox Corporation, Sidney Powell and Rudolph Giuliani based on claims of election rigging made on air after the 2020 election.
In the course of the Dominion lawsuit, evidence has emerged that Fox producers and anchors knew there was no credibility to claims that the election was rigged or there was widespread fraud, but continued to promote the theory of a stolen election on air to appeal to their Republican base.
What is at stake?
Smartmatic is suing Fox for $2.7 billion, which could cause a serious hit to the company’s bottom line if the lawsuit succeeds, especially since Dominion settled with Fox for $787.5 million.
To actually win, Smartmatic must prove that not only did Fox anchors spread false information, they did so knowingly and with malice.
Who might testify?
The case from Smartmatic wasn’t as far along as the one from Dominion, and it’s likely there will be a more complete sense of witnesses as discovery progresses. But former producer Abby Grossberg has already been subpoenaed. She previously said she was coerced by the network into giving misleading testimony in the Dominion lawsuit.
It’s also possible that those whose chats, emails and other communication have been made public during the discovery process in the Dominion case will also be called upon in the Smartamatic lawsuit. Tucker Carlson, Laura Ingraham, Sean Hannity, Suzanne Scott and Rupert Murdoch could all be called on to provide records once again.
What comes next?
A judge has already rejected Fox’s efforts to have the case dismissed. No trial date is currently set for the lawsuit.
A Smartmatic spokesman said in a statement after the Dominion settlement: “Dominion’s litigation exposed some of the misconduct and damage caused by Fox’s disinformation campaign. Smartmatic will expose the rest.”
Editor’s note: This story has been updated after Fox News and Dominion reached a settlement in a defamation case against the network over claims that the 2020 election was rigged.