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Delaware jury to decide if Fox is liable for defaming Dominion

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Delaware jury to decide if Fox is liable for defaming Dominion


WILMINGTON, Delaware, March 31 (Reuters) – A jury will determine whether or not Fox Corp (FOXA.O) defamed Dominion Voting Programs with false vote-rigging claims aired by Fox Information after the 2020 U.S. election, a Delaware decide dominated on Friday, dealing a setback to the media firm that had sought to keep away from a trial within the $1.6 billion lawsuit.

Delaware Superior Courtroom Choose Eric Davis denied motions from Fox and partially granted Dominion motions to resolve the problem of defamation legal responsibility forward of the scheduled April 17 trial date. The ruling places the high-profile case within the arms of a jury that may decide whether or not Fox acted with precise malice and whether or not Dominion suffered any damages.

The trial, to be held in Wilmington, is anticipated to final roughly 4 weeks. It’s potential the events may nonetheless settle the case. Davis heard arguments from either side throughout a two-day pretrial listening to on March 21 and 22.

“This case is and all the time has been in regards to the First Modification protections of the media’s absolute proper to cowl the information,” Fox stated in a press release. “Fox will proceed to fiercely advocate for the rights of free speech and a free press as we transfer into the following section of those proceedings.”

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Dominion stated it was gratified by the ruling and seemed ahead to the trial.

This is among the most intently watched U.S. defamation lawsuits in years and includes one in every of America’s largest cable networks, dwelling to many outstanding conservative commentators.

Denver-based Dominion sued New York-based Fox Corp and Fox Information in 2021, accusing them of ruining its status by airing false claims by former President Donald Trump and his attorneys that its voting machines had been used to rig the end result of the election towards him and in favor of Democrat Joe Biden.

Dominion has stated in courtroom filings that inner emails, texts and deposition testimony show that Fox personnel at each degree – from producers to hosts, all the best way as much as Chairman Rupert Murdoch – knew the election-rigging claims had been false and aired them anyway in pursuit of scores as they misplaced viewers to far-right retailers that embraced Trump’s claims.

Staff clear up the burnt stays of a Christmas tree exterior the Information Corp. and Fox Information constructing in New York Metropolis, New York, U.S. December 8, 2021. REUTERS/Eduardo Munoz

Dominion argued this met the “precise malice” customary to win a defamation case underneath which a plaintiff should show a defendant knowingly unfold false info or acted with reckless disregard for the reality.

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Davis, nevertheless, stated precise malice will likely be decided by the jury.

The decide dominated in Dominion’s favor on some parts of defamation together with that the allegedly defamatory statements by Fox involved Dominion, that the statements had been printed by Fox and had been false.

“The proof developed on this civil continuing demonstrates that (it) is CRYSTAL clear that not one of the statements regarding Dominion in regards to the 2020 election are true,” wrote Davis, utilizing all capital letters for emphasis.

Fox has argued that its protection of the election claims was protected by press freedoms enshrined within the U.S. Structure’s First Modification as a result of it was newsworthy and correctly framed as opinion or unproven allegations. Fox additionally has argued that Dominion’s go well with advances a very broad interpretation of U.S. defamation regulation and is a risk to freedom of the press.

Legal professionals for Fox even have invoked the authorized doctrine of “impartial reportage,” which holds that the press can’t be held accountable for publishing newsworthy allegations in a impartial approach.

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Davis, nevertheless, stated in his ruling the doctrine wouldn’t defend Fox from legal responsibility, as a result of the community didn’t conduct disinterested reporting.

Fox faces an identical lawsuit by voting-technology firm Smartmatic, which is in search of $2.7 billion in damages from Fox Corp, the cable community, Fox hosts and company.

Reporting by Tom Hals in Wilmington, Delawared; Enhancing by Jonathan Oatis and Invoice Berkrot

Our Requirements: The Thomson Reuters Belief Rules.

Tom Hals
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Thomson Reuters

Tom Hals is an award-winning reporter with 25 years of expertise working in Asia, Europe and the US. Since 2009 he has coated authorized points and high-stakes courtroom battles, starting from challenges to pandemic insurance policies to Elon Musk’s marketing campaign to finish his deal for Twitter.



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Delaware

As Wildfires in Canada rage on, smoke breaches US border. Will Delaware see wildfire smoke?

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As Wildfires in Canada rage on, smoke breaches US border. Will Delaware see wildfire smoke?


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A string of worsening Canadian wildfires over the weekend has resulted in smoke drifting into the United States. 

Here’s what you need to know about the situation and if wildfire smoke will impact Delaware.  

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Canadian wildfires 

Canada’s wildfire season is underway, with several fires increasing in intensity and causing evacuations since last week.  

ABC News reports over 100 active wildfires burning in Canada, with 91 of them located in British Columbia and Alberta provinces and officials labeling 40 of the 140 active fires as “out of control.” As the wildfires progress, areas most at risk continue to be evacuated.

Canadian wildfire smoke officially rolled into the U.S. over the weekend, with states from Montana to Wisconsin getting a whiff. Heavy smoke in Minnesota resulted in the state’s first air quality alert of 2024 being issued on May 12, remaining in place through May 13. Minnesota’s air quality index has fluctuated between “unhealthy” and “very unhealthy” since the wildfire smoke breached its borders. 

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Officials expect Minnesota’s smoke to be “much weaker” on Monday, but Nebraska is expected to see hazy skies during the evening.  

By sunrise on Monday, the wildfire smoke in the U.S. will likely be much weaker, with medium levels reaching from Wisconsin to southern Minnesota. 

Air quality report: ‘Delaware still has work to do’: 2024 air quality report highlights air pollution concerns

Is Delaware at risk? 

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USA Today’s wildfire smoke map tracks wildfire incidents, warnings and smoke impacts across the U.S.

As of 9 a.m. on May 13, thick density smoke from Canada extending south into the northern U.S. could still be seen in Montana, the Dakotas and Minnesota. The smoke also moved south into the central U.S., where it mixed with smoke from fire activity and seasonal burning in the country. The overall large smoke engulfing central and eastern U.S. could be seen moving eastward into the Atlantic Ocean.  

As for Delaware, the map shows light density smoke enveloping the region, with medium density smoke in some of the southernmost parts of Delaware.  

The Delaware Department of Natural Resources and Environmental Control’s Air Quality Forecast reports “good” air quality in Delaware on Monday, a value from 0 to 50, adding that the air quality is satisfactory and poses little or no risk. Monday’s ozone levels are at a value of 44 and a PM2.5 of 39. PM 2.5 is defined as fine, inhalable particles or droplets in the air with diameters of 2.5 micrometers and smaller.   

According to DNREC, light to moderate southerly winds will gradually transport pollutants into Delaware on Monday. Partly to mostly sunny skies and temperatures in the low 70s will aid ozone production, but regional pollutant carryover will be low, resulting in Air Quality Index levels that are high for ozone and good for PM2.5. The AQI determines how clean or polluted air is and what associated health effects might be a concern.  

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By Tuesday, moderate and gusty southerly winds will enhance dispersion and increasing clouds will hinder ozone production, resulting in high AQI levels for ozone and good AQI levels for PM2.5. DNREC expects Tuesday’s ozone value to be at 40 and PM2.5 value to be at 50, both in the “good” zone.  

Wednesday is also expected to have good AQI levels for both ozone and PM2.5, with cloudy skies and periods of rain limiting ozone development and moderate easterly winds transporting clean air into Delaware.  

Got a tip or a story idea? Contact Krys’tal Griffin at kgriffin@delawareonline.com   



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Recreational marijuana market pushes forward with new regulations and social equity workshops

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Recreational marijuana market pushes forward with new regulations and social equity workshops


The Office of the Marijuana Commissioner (OMC) posts proposed marijuana regulations for public review as strides to open the adult-use market in Delaware continue.

The potential guidelines cover issuing marijuana establishment licenses, inspection and packaging standards, as well as testing methods for the Delaware recreational marijuana market.

Marijuana Commissioner Rob Coupe says the regulations are open for public comment until June 3, and after reviewing stakeholder recommendations, a final posting could be released July 11.

During the Marijuana Control Act Oversight Committee’s February meeting, some members pushed for apothecary-style dispensing — allowing consumers to see and smell the product before purchasing it.

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Coupe says the office ultimately decided to enforce the more common pre-packaged dispensing style for safety reasons, but there is a caveat.

“They would have to explain to us how they’re going to ensure safety of the product, safety of the consumer and how they’re going to do that safely, but if there is a demand for it so to speak, and if the retailer wants to go that way, there will be a pathway for them to get permission to do it.”

He says if all goes smoothly, the adult-use recreational market is still on track to award retail dispensary licenses in March 2025.

In addition to the new regulations, OMC also announces registration is open for its Social Equity Workshops taking place in June of this year.

Social equity licenses are available to individuals who have been arrested for a marijuana-related crime or have lived in a disproportionately impacted area for five of the past 10 years.

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Disproportionately impacted areas include regions in Delaware where there were high rates of marijuana-related arrests or convictions before recreational use was legalized.

Coupe says the workshops will provide an overview of social equity eligibility, banking, taxes, legal matters, real estate and an overview of the marijuana industry.

“We’re actually working on a piece that will likely start in June also, and that will be an online opportunity for folks to confirm that they’re eligible to apply as a social equity applicant,” he says.

Coupe explains that piece is largely dependent on the development of a Social Equity Disproportionately Effected Area Map, which is being created based on marijuana arrest data. He says the map will help applicants determine their eligibility based on where they live.

If an individual qualifies for a social equity license, they will have special discounts and grant opportunities for marijuana cultivation, manufacturing, testing and retail licenses in the state.

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Registration for the workshops can be found here and dates and locations are as follows:

  • New Castle County (6/5/2024) Stanton Campus Delaware Technical Community College (400 Stanton Christiana Rd, Newark, DE 19713)
  • Sussex County (6/12/2024) Owens Campus Delaware Technical Community College (21179 College Dr, Georgetown, DE 19947)
  • City of Wilmington (6/18/2024) Wilmington Campus Delaware Technical Community College (333 N Shipley St, Wilmington, DE 19801)
  • Kent County (6/25/2024) DNREC, Richardson & Robbins Building, 89 Kings Hwy SW, Dover, DE 19901





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Delaware

Teen killed, another injured in shooting outside Concord Mall in Wilmington, Delaware, police say

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Teen killed, another injured in shooting outside Concord Mall in Wilmington, Delaware, police say


Teen killed, another injured in shooting outside Concord Mall in Wilmington, Delaware, police say – CBS Philadelphia

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A 16-year-old boy died and a 17-year-old was seriously injured in a shooting that happened near a carnival outside the Concord Mall in Wilmington, Delaware state police say.

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