Fox Corporation · defamation · civil litigation · media · elections
What did the Delaware court rule in Dominion's defamation suit against Fox, what did the settlement say, and where does Smartmatic's suit stand?
As of 30 October 2026 the Dominion cases are closed by a $787.5 million settlement agreed on 18 April 2023, reached before a jury decided actual malice or damages. On 31 March 2023 the Delaware Superior Court ruled on summary judgment that the challenged statements about Dominion were false, but it left actual malice, damages and Fox Corporation's liability for trial. Fox said it acknowledged the court's rulings, and no admission of liability has been identified in the settlement disclosures. Smartmatic's separate $2.7 billion defamation suit against Fox is pending in New York state court with no trial date identified.
Last verified 30 October 2026. United States · Also concerns Fox News Network, LLC
The record at a glance
| What was alleged? | Dominion Voting Systems alleged that Fox News Network and its parent Fox Corporation defamed it by broadcasting false claims after the 2020 US election that its machines and software rigged the vote, and sought $1.6 billion. Smartmatic separately alleges that Fox News, Fox Corporation and several hosts defamed it with similar claims, and seeks $2.7 billion.1,2,3,4 |
|---|---|
| Who made the claim? | US Dominion, Inc. and affiliates (Delaware), and Smartmatic USA Corp. and affiliates (New York), 26 March 2021 |
| How did Fox Corp respond? | Fox's position was that the case concerned the First Amendment right to cover newsworthy allegations, that some statements were protected opinion or neutral reporting, and that Dominion's damages were far below its claim. On settling, Fox said it was pleased to resolve the dispute and acknowledged the court's falsity rulings. In the Smartmatic case Fox says Smartmatic's damages claims are implausible and that it will defend the case at trial.2,5,6,7,8 (the subject's position) |
| Was there an official finding? | The Delaware Superior Court held on 31 March 2023 that Dominion was entitled to summary judgment on the falsity of the statements at issue and left actual malice for trial.1 Fox Corporation and Fox News Network agreed on 18 April 2023 to pay Dominion $787.5 million to resolve the lawsuits.5 Smartmatic's suit against Fox Corporation and Fox News Network remains active in the New York courts as of the 7 May 2026 appellate decision.9 |
| Was liability determined? | Settled without an admission of liability. Dominion: settled for $787.5 million after a partial summary judgment on falsity and before any jury finding on actual malice or damages. Fox acknowledged the court's falsity rulings, and no admission of liability has been identified in its disclosures. Smartmatic: pending, with no finding of liability.1,5,9 |
| What changed later? | As of 30 October 2026 the Dominion litigation is settled and closed, and the Smartmatic suit against Fox is pending in the New York Supreme Court with no trial date identified.5,7,9 |
| When was this checked? | 30 October 2026 |
What was alleged?
Dominion Voting Systems alleged that Fox News Network and its parent Fox Corporation defamed it by broadcasting false claims after the 2020 US election that its machines and software rigged the vote, and sought $1.6 billion. Smartmatic separately alleges that Fox News, Fox Corporation and several hosts defamed it with similar claims, and seeks $2.7 billion.1,2,3,4
Made by US Dominion, Inc. and affiliates (Delaware), and Smartmatic USA Corp. and affiliates (New York) on 26 March 2021.
What did Fox Corp say?
Fox's position was that the case concerned the First Amendment right to cover newsworthy allegations, that some statements were protected opinion or neutral reporting, and that Dominion's damages were far below its claim. On settling, Fox said it was pleased to resolve the dispute and acknowledged the court's falsity rulings. In the Smartmatic case Fox says Smartmatic's damages claims are implausible and that it will defend the case at trial.2,5,6,7,8
"We acknowledge the Court's rulings finding certain claims about Dominion to be false."
Fox Corporation (statement included in its Form 8-K), 18 April 2023. This is the subject's own account, not a finding.
What do independent records show?
Opinion on cross-motions for summary judgment, C.A. Nos. N21C-03-257 EMD and N21C-11-082 EMD
Superior Court of the State of Delaware, Judge Eric M. Davis, 31 March 2023
Denied the summary judgment motions of Fox News Network and Fox Corporation. Granted Dominion summary judgment in part on falsity, on whether the statements were of and concerning Dominion, and on publication by Fox News Network. Declined summary judgment on actual malice and on publication by Fox Corporation. Reporting states the court also rejected Fox's opinion and neutral reporting defenses and held the statements defamatory per se, leaving actual malice and damages for the jury.1,2
Form 8-K disclosing Release and Settlement Agreement
Fox Corporation, 18 April 2023
Fox Corporation and Fox News Network agreed with Dominion to resolve the lawsuits among them for $787.5 million to be paid to Dominion. Judge Davis told the seated jury that the parties had resolved the case.5,6
Rulings in Smartmatic USA Corp. v. Fox Corporation, Index No. 151136/21
Supreme Court of the State of New York, New York County, Justice David B. Cohen, 24 January 2024
Allowed Smartmatic's claims against Fox Corporation to proceed and denied Smartmatic's motion to dismiss Fox's counterclaim. In January 2025 the Appellate Division, First Department, rejected Fox Corporation's appeal seeking dismissal of the claims against it, as reported by Salon.3,8
Smartmatic USA Corp. v. Fox Corp., 2026 NY Slip Op 02891
Appellate Division of the New York Supreme Court, First Department, 7 May 2026
Decided Fox's appeal from an order of Justice Cohen entered on or about 2 December 2025 that denied the defendants' motion to vacate in part a judicial hearing officer's 14 October 2025 discovery report and their motion to stay the action. The full decision text was not obtained. A Mediaite opinion column reports that the court allowed Fox further discovery bearing on damages and did not stay the case.9,10
What was established?
- The Delaware Superior Court held on 31 March 2023 that Dominion was entitled to summary judgment on the falsity of the statements at issue and left actual malice for trial.1
- Fox Corporation and Fox News Network agreed on 18 April 2023 to pay Dominion $787.5 million to resolve the lawsuits.5
- Smartmatic's suit against Fox Corporation and Fox News Network remains active in the New York courts as of the 7 May 2026 appellate decision.9
Distinctions that matter here
- A ruling that statements were false is not a finding of defamation liability. A public figure plaintiff must also prove actual malice, which no jury decided here.
- A settlement ends a civil claim without a court finding of liability and is not an admission unless its terms say so.
- Fox Corporation and Fox News Network, LLC are separate legal entities and were sued in separate actions.
Was liability determined?
Settled without an admission of liability. Dominion: settled for $787.5 million after a partial summary judgment on falsity and before any jury finding on actual malice or damages. Fox acknowledged the court's falsity rulings, and no admission of liability has been identified in its disclosures. Smartmatic: pending, with no finding of liability.1,5,9
What remains unresolved?
- Whether Fox acted with actual malice toward Dominion was never decided by a jury.
- Cross-motions for summary judgment in the Smartmatic case, including Smartmatic's motion on actual malice, were reported by Deadline as filed, with no decision identified as of 30 October 2026.
- No trial date in the Smartmatic case was identified.
What is the current status?
As of 30 October 2026 the Dominion litigation is settled and closed, and the Smartmatic suit against Fox is pending in the New York Supreme Court with no trial date identified.5,7,9
As of 30 October 2026. No next proceeding is scheduled in the records we found.
Timeline
- Smartmatic files its defamation suit in New York state court, seeking more than $2.7 billion.3,4
- Dominion sues Fox News Network in Delaware Superior Court. A separate suit against Fox Corporation follows in November 2021.1
- Delaware court grants Dominion partial summary judgment, including on falsity.1,2
- Fox and Dominion settle for $787.5 million as the trial is about to open.5,6
- New York trial court allows Smartmatic's claims against Fox Corporation to proceed.3
- Salon reports that the Appellate Division, First Department, rejected Fox Corporation's bid to be dismissed from the Smartmatic suit that week.8
- Appellate Division decides Fox's appeal on discovery and stay issues, and the case continues.9,10
Sources
- Superior Court of the State of Delaware, US Dominion, Inc. v. Fox News Network, LLC and US Dominion, Inc. v. Fox Corporation, C.A. Nos. N21C-03-257 EMD and N21C-11-082 EMD, opinion on summary judgment, 31 March 2023 · document record Court, legislation, official register or regulator record
- WFAE, Judge rules Fox hosts' claims about Dominion were false, says trial can proceed (NPR), 31 March 2023 Independent reporting
- Adweek TVNewser, Fox News and Smartmatic Earn Separate Wins as Part of High-Priced Legal Battle, 25 January 2024 Independent reporting
- WFAE, Election tech company sues Fox News, Giuliani and others for $2.7 billion (NPR), 4 February 2021 Independent reporting
- Fox Corporation (filed with the US Securities and Exchange Commission), Fox Corporation Form 8-K, date of report 2023-04-18, 19 April 2023 · document record Filing or formal statement by the subject
- CNBC, Fox to pay Dominion Voting Systems $787.5 million to settle election defamation lawsuit, 18 April 2023 Independent reporting
- Yahoo News, Fox And Smartmatic Seek Summary Judgments In Latest Filings In Defamation Case (Deadline) Independent reporting
- Salon, Fox loses appeal to duck $2.7 billion Smartmatic defamation suit, 9 January 2025 Independent reporting
- Leagle (reproducing the Appellate Division decision), Smartmatic USA Corp. v. Fox Corp., 2026 NY Slip Op 02891 (App Div, 1st Dept), 7 May 2026 · document record Court, legislation, official register or regulator record
- Mediaite (opinion column), Court Grants Fox News Additional Discovery in Smartmatic Case, But Allows Case to Move Forward, 9 May 2026 Secondary commentary
Revision history
- 30 October 2026: First published after source verification.
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