334 Comments

I seriously believe that the first jury I was on went a long way towards forcing the plaintiffs to settle before the trial began. They were a property management company, one of bigger ones in the area. The dispute was about compensation from the State of Ohio in regards to some eminent domain land that was acquired for improving the interstate interchange near the office building. I'm not even sure if the construction had started yet, but there was no rational argument that could be made that the improvement wouldn't be beneficial for the company's ability to lease office space

We were sworn in, went to lunch, then went to the building itself to see for ourselves. We got back, and an hour later, they'd settled. I'd like to think that some of the skeptical looks on our faces made them think that the case was doomed.

Expand full comment

I think this is a "bird in the hand" situation. You really can't blame them.

Expand full comment

I have a question about Fox's insurance. Somebody on MSNBC said that Fox's libel insurance people will be having a shit fit and demanding that they adhere to better journalistic standards.

Somehow I doubt that this will happen. Does anybody have any insight about this topic?

Expand full comment

as satisfying as it would have been to see a big hollywood gotcha trial, this is still indeed a win - because the information on public record in discovery will now make it possible for the other pending cases to succeed as well - there was never going to be an on air apology from Faux - they aren't even covering this story so their viewers are still in the dark - that is the most frustrating part for me: that their viewers are still being lied to with impunity

Expand full comment

I think Fox would have to argue that the ruling of the judge (which they accepted) had no bearing on the current case, which is patently untrue

Expand full comment

Good question don't know but I would think as a former Property and Casualty analyst a normal insurance company would cancel their insurance because this payout opens a big can of worms any lie about anything and anybody will cause a lawsuit now because the lies are so blatant and do cause financial harm and since they settled at a big payout I'm thinking people and corporations are checking with their lawyers. Their premiums can't possibly be high enough at this rate.

Expand full comment

They only settled because too much embarrassing information was becoming public ... and Dominion had 7,000 more exhibits to go.

Expand full comment

Rupert Murdoch responded, “Thanks. All very true. Lots of sane Fox viewers still believe in Trump.”

Which, of course, implies that there are also insane Fox viewers. But we all knew that didn't we.

Expand full comment

Oh, I disagree. I think it would have been good for the public to see all this embarrassing information become public. The problem with a trial is Dominion wins a judgement, but then Fox could appeal it for years and years and would likely get it reduced. Fox can't appeal a settlement.

Expand full comment

And who pays for this settlement, anyway? If Fox lied maliciously, surely it wouldn't fall under the normal category of an honest mistake?

Expand full comment

We'll never know who paid but if the insurance company did they won't want that to get out or else the stock will plummet because that is a huge payout and they're morons for insuring Fox. My stuff was small potatoes wouldn't pay out for dog bite if you said you didn't own a dog or your house blew up and you stored explosives in basement, trust me this has happened.

Expand full comment

Looking forward to the book titled "Fox on Trial."

Expand full comment

Fuck yeah. The Balanced Scorecard, for all its faults, is a real thing. There are more players when the games this large. Corporations became people, remember?

Expand full comment

What'll the Fox Corps shareholders think of any proposed settlement with Smartmatic's $2.7 billion suit? Remember Fox Corps fiduciary responsibility is to its shareholders, not the consumers of its products nor those who advertise on their platform.

If Dominion set precedent with 49.2% of their $1.6 billion suit, what will all of Fox Corps shareholders think about having to stomach any at minimum a $1.3 billion settlement?

Some shareholders might wonder why the multi-million contracts of the on-air talent who caused this kerfuffle have yet to be revisited.

$787.5 million here, at least $1.3 billion there, and soon you're talking at least $2 billion!

Expand full comment

But do we KNOW that the money isn't being paid by their libel insurance?

I'm not at all sure.

Expand full comment

It's how they keep score. Its meaning as money has long since ceased to have any other meaning, since there's so much of it.

Expand full comment