In the defamation lawsuit brought by Dominion against Fox News both sides have moved for summary judgment. Dominion has presented an impressive array of documentary proof and startling admissions by Fox’s senior management, demonstrating that Fox and its leading anchors knew that they were airing false claims that Dominion’s voting machines were tampering with the vote count to aid Joseph Biden.Nevertheless, the Delaware judge hearing the case would be well advised to reserve decision or deny the motion and allow the matter to go to trial before a jury. If the judge deems the jury’s verdict to be legally erroneous, he can then grant appropriate relief to the wronged party notwithstanding the verdict. By doing so, the judge will have preserved, for appellate review, both his own judgment and that of the jury. Further, the jury should have an opportunity to assess the extent of punitive damages, if any, it may find appropriate.
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