Delaware Judge Eric M. Davis is presiding over the $1.6 billion defamation suit against Fox News. Here's a look at his background — and clues about how he might treat the case.
"It seems pretty clear to me that [the judge] was not having any of the Newsmax arguments – and nor should he have, by the way," says John Culhane, a professor at Delaware Law School.Judge aims for clarity, and to avoid snark, in high-stakes battleWhile Culhane, an authority on defamation law, cautions against drawing too strong a conclusion from the Newsmax ruling, he says Davis"is very clear and he's very step-by-step when it comes to the law.
Smartmatic attorney Erik Connolly said it would file an amended complaint that"details the involvement of [Fox Corp. leaders] Rupert Murdoch and Lachlan Murdoch." Much like Fox's lawyers in New York and Delaware, Newsmax's attorneys similarly cite a legal privilege, known as neutral reportage, allowing it to present"unprecedented allegations without adopting them as true, so that the public could draw its own conclusions" about"a news story of extraordinary public interest.
The two cases have intersected several times. In his ruling on Smartmatic's case against Newsmax, Davis cited a Nov. 17, 2020 email sent by Dominion officials to Newsmax relaying evidence that, he said,"cut against the narrative that the election was stolen."
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