The pros and cons of a Fox-Dominion settlement

There’s a chance the long-awaited Dominion Voting Systems v. Fox News defamation trial might not happen after all: The judge delayed the start of the trial from Monday to Tuesday as the two sides engaged in late settlement talks.

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Of course, the ideal time for such a deal for Fox would have been months ago, before the emergence of depositions and extensive documentation detailing Fox’s decisions to credulously air bogus claims about voting machines. In some ways, the damage has been done at Fox via the discovery process, irrespective of a settlement.

But a settlement would help Fox avoid an additional and potentially significant weeks-long spectacle casting an even harsher spotlight on its editorial decisions.

[I think this really rests on how much Dominion will accept as a settlement. They will want a public acnnowlegdment of wrongdoing from Fox and a boatload of money. Fox may well believe that the discovery process has already done so much reputational damage that the only thing left to fight for is the money. However, I’d guess that jury actions are unpredictable enough to make both sides view a clear and final outcome as beneficial. — Ed]

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