Dominion-Fox News updates: Settlement reached for $787.5 million

The voting company had sued Fox for $1.6 billion over false election claims.

Last Updated: April 28, 2023, 5:41 PM EDT

Dominion Voting Systems, in a $1.6 billion defamation lawsuit, accused Fox News of knowingly pushing false conspiracy theories that the voting machine company rigged the 2020 presidential election in Joe Biden's favor, in what Dominion claims was an effort to combat concerns over declining ratings and viewer retention. Fox defended its coverage, dismissing the suit as a "political crusade in search of a financial windfall."

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Here's how the news developed. All times Eastern.
Apr 18, 2023, 1:34 PM EDT

Judge authorizes special master over potential 'discovery issues'

After sanctioning Fox News last week for a delay in turning over evidence, Judge Eric Davis has now officially authorized a special master to investigate Fox News' potential "discovery issues," according to a new order from the judge.

The order comes just before opening arguments in the case are scheduled to begin.

According to the order, the investigation by the special master will "include a determination" of whether Fox News and Fox Corp "complied with their discovery obligations."

The special master, who was previously appointed to oversee discovery in the case, is now "further authorized and empowered" to look into multiple declarations made by Fox attorneys in the case, the order says.

Apr 18, 2023, 11:40 AM EDT

You aren't 'Dick Tracy,' judge tells jurors

In his initial instructions to the jury, Judge Eric Davis told jurors not to talk amongst themselves or discuss the case with family or friends.

"You have to fight human nature. This is the hardest thing you'll have to do during the trial," Davis said. "You have to refrain from talking about the case with your fellow jurors or a third party."

The judge also reminded the jurors that they are not Dick Tracy.

"Do not do any detective work," he said. "You cannot do any independent research about this case."

Davis told jurors they can bring water or some other beverage into the courtroom, provided it has a cap or lid.

"You can bring some type of drink," Davis said, jokingly adding, "non-alcoholic."

The trial is expected to last about six weeks.

Apr 18, 2023, 11:30 AM EDT

Jury is seated

A jury has been seated to hear the defamation accusations against Fox News by Dominion Voting Systems.

The jury is made up of six women and six men who were previously asked about their Fox News viewing habits. Six women and six men were also seated as alternates.

The jurors will remain anonymous for the duration of the trial. Judge Eric Davis had expressed concern about possible jury tampering amid the international attention on the case.

Lawyers for FOX News and their legal team arrive at the Leonard Williams Justice Center where the Dominion Voting Systems defamation trial against FOX News is taking place, April 18, 2023, in Wilmington, Del.
Andrew Caballero-Reynolds/AFP via Getty Images

Immediately after the jurors were sworn in, alternate juror No. 3 raised his hand from his seat and told the judge, "Sir I can't do this. I've been up all night. I can't do this."

Judge Davis offered to talk with the man off the bench and, ultimately, opted to dismiss him from service.

"I've excused alternate No. 3 and we will swear in a new No. 3," Davis said.

Apr 18, 2023, 9:30 AM EDT

Jury selection underway

Jury selection is underway Tuesday morning at Delaware Superior Court in Wilmington, Delaware.

Members of the public wait to enter the Leonard Williams Justice Center where the Dominion Voting Systems defamation trial against FOX News is taking place, April 18, 2023, in Wilmington, Del.
Andrew Caballero-Reynolds/AFP via Getty Images

The jury is expected to be seated by the end of the morning, with opening statements expected to begin shortly thereafter, according to the judge in the case.