In a surprising turn of events, Delaware Superior Court Judge Eric Davis announced a one-day delay in the start of the much-anticipated trial over defamation claims made by Dominion Voting Systems against Fox News.
The trial, originally scheduled to begin on Monday, will now begin on Tuesday.
Judge Davis provided no explanation for the delay, stating only that the brief postponement was not unusual.
As the trial’s start date looms, Fox News has reportedly been pushing for an out-of-court settlement with Dominion, according to sources familiar with the situation.
Dominion, which initially sought $1.6 billion in damages, appears to have softened its claims.
An April 14 email from Dominion to Fox, included in a recent Fox legal filing, indicated that the voting-machine company would not present a jury with claims for alleged lost profits.
Dominion’s original 2021 lawsuit sought lost-profits damages of no less than $600 million.
Both Dominion and Fox News declined to comment on the judge’s delay, and Dominion had no immediate comment on the Fox filing.
If the case is not resolved out of court, a jury will be tasked with deciding a once-in-a-generation defamation case that could have wide-ranging implications for the network and potentially reshape modern media law.
The trial is expected to last approximately six weeks.
Dominion has accused Fox News, a unit of Fox Corp., of airing false claims by hosts and guests that Dominion helped rig the outcome of the 2020 U.S. presidential election in favor of Joe Biden.
The company is seeking damages for alleged financial harm, arguing that Fox News and Fox Business significantly deviated from journalistic norms by broadcasting stolen-election segments they knew or should have known were false.
Fox has attempted to frame its actions and election coverage as mainstream, reporting on allegations from then-President Donald Trump and his associates that were newsworthy.
However, the network has suffered a string of pretrial losses in recent months.
Internal Fox communications released during the litigation reveal that network executives and hosts were skeptical of election-fraud claims but also worried about alienating viewers who supported Trump.
Victoria Baranetsky, general counsel at the left wing Center for Investigative Reporting, said the case is unique in that it involves high stakes for Fox News, the limits of reporters’ trust, and the future of faith in the media.
While media organizations typically enjoy strong First Amendment protections, making defamation cases difficult for plaintiffs to win, legal observers believe the Dominion case could serve as a notable exception.
Judge Davis has already concluded that Fox News and Fox Business did broadcast false claims about Dominion, voiced by both network hosts and Trump associates such as Sidney Powell and Rudy Giuliani, who appeared as guests.
The judge has also expressed concerns about Fox’s credibility and questioned whether the company failed to provide required disclosures and information in the litigation. Fox denies any wrongdoing.
If the trial proceeds, the jury will have to determine whether Fox acted with “actual malice” in broadcasting false claims.
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This standard hinges on whether Dominion can prove that Fox knowingly published false information or acted with a reckless disregard for the truth.
Dominion argues that it possesses sufficient evidence to meet this threshold, citing text and email communications from Fox executives and hosts that, in some cases, mock claims made on air by guests or express concerns about losing viewers to other networks adopting a harder line.