NY Supreme Court Allows Smartmatic’s Defamation Suit to Proceed to Discovery

Motion to Dismiss filed by Fox Corporation and co-defendants Dobbs, Bartiromo and Giuliani rejected
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United States, Boca Raton – March 8, 2022 – Smartmatic welcomed the decision by New York State Supreme Court Judge David Cohen rejecting Motions to Dismiss filed by Fox Corporation and its co-defendants Lou Dobbs, Maria Bartiromo and Rudy Giuliani in Smartmatic’s defamation and disparagement lawsuit.

“Smartmatic is very pleased that the Court denied Fox’s motion and decided that the case should proceed to discovery. The defamatory statements by Fox News about Smartmatic caused catastrophic damage to its business and reputation in the United States and worldwide. This lawsuit will help to undo that damage,” said Smartmatic’s attorney J. Erik Connolly of law firm Benesch, Friedlander, Coplan & Aronoff, LLP.

The New York Court also found that it lacked jurisdiction over Ms. Powell. Smartmatic had already filed a lawsuit against Ms. Powell in Washington, D.C. in case this occurred, and the D.C. Court has already found it has jurisdiction over Ms. Powell in other litigation. Smartmatic will continue to pursue its claims against Ms. Powell, either by appeal in New York or in D.C.

“FOX’s and the other defendants’ lies had consequences; not only for my company but for the integrity of elections and the people who administer them,” said Antonio Mugica, CEO of Smartmatic. “FOX’s reckless disregard for truth has caused debilitating harm to our ability to conduct our business globally as well as in the United States. We look forward to our day in court.”

The Smartmatic lawsuit, filed on February 4, 2021, seeks $2.7 billion as well as punitive damages and other relief.

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