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16 Defamation Lawsuits Filed by Voting Machine Manufacturers and a Former Employee

(with 4 Counterclaims)

Last updated June 1, 2022

Quick Facts:

  • In the 2020 election, Dominion Voting Systems products were used in an estimated 24 states, while Smartmatic was only used in California’s Los Angeles County.
  • Dominion and Smartmatic sued Trump allies and conservative media outlets for defamation following the 2020 election, for damages ranging from $1 billion to $2.7 billion.
  • Defendants in the lawsuits claimed Dominion and Smartmatic shared ownership and had ties to the late Hugo Chavez, former President of Venezuela.
  • A former Dominion employee sued the Trump campaign, Sidney Powell, Rudy Giuliani, Mike Lindell, and conservative media outlets for defamation, intentional infliction of emotional distress, and civil conspiracy for claiming he told Antifa he would manipulate the election.
  • In response to retraction demands, Fox News and Newsmax debunked conspiracy theories about Smartmatic and Dominion on the air in December 2020. Newsmax also apologized to the Dominion employee in April 2021.
  • The cases all appear to be active as of June 7, 2022.

1. Eric Coomer v. Donald J. Trump for President, Inc., Sidney Powell, Rudolph Giuliani, et al. (2020CV34319)

A.
Date Filed
B.
Initial Complaint
C.
Initial Response
D.
Current Status
12/22/2020The initial complaint was filed on 12/22/2020 by former Dominion Voting Systems employee Eric Coomer against the defendants Donald J. Trump for President, Inc., Sidney Powell, Sidney Powell P.C., Rudolph Giuliani, Joseph Oltmann, FEC United, Shuffling Madness Media, Inc., dba Conservative Daily, James Hoft, TGP Communications LLC dba The Gateway Pundit, Michelle Malkin, Eric Tetaxas, Chanel Rion, Herring Networks, Inc. dba One America News Network, and Newsmax Media, Inc., in the Denver District Court.

Summary from the Initial Complaint
“[T]his case is based on Defendants’ false and baseless assertions that Dr. Coomer, an employee of Dominion Voting Systems, Inc. (Dominion), sits at the center of a national conspiracy to fraudulently elect the President of the United States. Defendants, by their actions, have elevated Dr. Coomer into the national spotlight, invaded his privacy, threatened his security, and fundamentally defamed his reputation across this country.”

Causes of Action
A. Defamation Against All Defendants
B. Intentional Infliction of Emotional Distress Against All Defendants
C. Civil Conspiracy Against All Defendants
D. Preliminary and Permanent Injunction

Harm Alleged
“The deluge of misinformation has caused immense injury to Dr.Coomer’s reputation, professional standing, safety, and privacy. Once an esteemed private election technology expert, Dr. Coomer has been vilified and subjected to an onslaught of offensive messages and harassment. In response to multiple credible death threats, Dr. Coomer has been forced to leave his home in fear for his safety.”

Damages
“Preliminary and permanent injunctive relief enjoining Defendants… from threatening or encouraging acts of violence, intimidation, or coercion against Dr. Coomer; Permanent injunctive relief requiring Defendants and their officers, agents, servants, employees, and attorneys to remove any and all defamatory publications made about Dr. Coomer; Actual and special damages against Defendants in an amount to be proven at trial; Attorney’s fees and costs.”
Newsmax was dropped from the suit in April 2021 following an apology and on-air statement stating that Newsmax had found no evidence of the accusations against Coomer being true.

All remaining defendants filed motions to dismiss pursuant to C.R.S. §13-20-1101 (“Anti-SLAPP motions”).

District Court Judge Marie Avery Moses denied the motions to dismiss on 5/13/2022.
As far as we know, the case was still being litigated as of 5/13/2022.

2. Dominion v. Sidney Powell, et al. (1:21-cv-00040)

A.
Date Filed
B.
Initial Complaint
C.
Initial Response
D.
Current Status
1/8/2021The initial complaint was filed on 1/8/2021 by Dominion Voting Systems against the defendant Sidney Powell and others in the United States District Court for the District of Columbia.

Summary from the Initial Complaint
“During a Washington, D.C. press conference, a Georgia political rally, and a media blitz, Powell falsely claimed that Dominion had rigged the election, that Dominion was created in Venezuela to rig elections for Hugo Chávez, and that Dominion bribed Georgia officials for a no-bid contract … Powell’s wild accusations are demonstrably false.”

Complaint
Count One – Defamation Per Se
Count Two – Deceptive Trade Practices

Harm Alleged
“Dominion employees have been stalked, have been harassed, and have received death threats; Dominion has been forced to make an expenditure of money to remedy the defamation [more than $1,170,000] and to protect the lives of its employees [$565,000]; Dominion has lost profits [projected $200 million over the next five years]; and Dominion’s reputation has been irreparably damaged.”

Damages
Dominion asked for an estimated $1.3 billion in damages, including compensatory damages of not less than $651,735,000 and punitive damages of not less than $651,735,000.
The defendant filed a motion to dismiss the initial complaint on 3/22/2021. (The judge granted a motion for extension of time to answer on 2/10/2021.)

Summary
Lawyers for Powell filed a motion to dismiss for lack of personal jurisdiction or improper venue, or for failure to state a claim. Otherwise, they asked to transfer the case to U.S. District Court for the Northern District of Texas, where Powell lives.

The motion stated that “no reasonable person would conclude that the statements were truly statements of fact … it was clear to reasonable persons that Powell’s claims were her opinions and legal theories on a matter of utmost public concern.”

Judge Carl J. Nichols in the US District Court for the District of Columbia denied the Defendant’s motion to dismiss in full on 8/11/2021.

[Note: Powell filed a counterclaim against Dominion on 9/24/2021 seeking no less than $10 million in damages.]
As far as we know, the case was still being litigated as of 4/4/2022.

3. Dominion v. Rudy Giuliani (1:21-cv-00213)

A.
Date Filed
B.
Initial Complaint
C.
Initial Response
D.
Current Status
1/25/2021The initial complaint was filed on 1/25/2021 by Dominion Voting Systems against the defendant Rudy Giuliani in the United States District Court for the District of Columbia.

Summary from the Initial Complaint
“Although he was unwilling to make false election fraud claims about Dominion and its voting machines in a court of law because he knew those allegations are false, he and his allies manufactured and disseminated the ‘Big Lie,’ which foreseeably went viral and deceived millions of people into believing that Dominion had stolen their votes and fixed the election …

Acting in concert with allies and media outlets that were determined to promote a false preconceived narrative about the 2020 election, Giuliani launched a viral disinformation campaign about Dominion that reached millions of people and caused enormous harm to Dominion.”

Complaint
Count One – Defamation Per Se

Harm Alleged
“Dominion employees have been stalked, have been harassed, and have received death threats; Dominion has been forced to make an expenditure of money to remedy the defamation [more than $1,170,000] and to protect the lives of its employees [more than $565,000]; Dominion has lost profits [estimated $200 million over the next five years]; and Dominion’s reputation has been irreparably damaged.”

Damages
Dominion asked for an estimated $1.3 billion in damages, including compensatory damages of not less than $651,735,000 and punitive damages of not less than $651,735,000.
The defendant filed a motion to dismiss the original complaint on 4/7/2021. (The judge granted a motion for extension of time to answer on 3/9/2021.)

Summary
“Giuliani denies that he has defamed Plaintiffs or that he has engaged in any wrongful or malicious conduct toward Plaintiffs … However … because Plaintiffs have not sufficiently pleaded subject matter jurisdiction, have failed to state a claim, and have failed to properly and adequately plead special damages, the Complaint must be dismissed.”

Judge Carl J. Nichols in the US District Court for the District of Columbia denied the Defendant’s motion to dismiss in full on 8/11/2021.
Status Conference set for 7/11/2023 (as of 6/1/2022).

4. Smartmatic v. Fox Corporation, Fox News Network LLC, Lou Dobbs, Maria Bartiromo, Jeanine Pirro, Rudolph Giuliani, and Sidney Powell (151136/2021)

A.
Date Filed
B.
Initial Complaint
C.
Initial Response
D.
Current Status
2/4/2021The initial complaint was filed on 2/4/2021 by Smartmatic against the defendants Fox Corporation, Fox News Network LLC, Lou Dobbs, Maria Bartiromo, Jeanine Pirro, Rudolph Giuliani, and Sidney Powell in the Supreme Court of the State of New York.

Summary from the Initial Complaint
According to the complaint, the defendants falsely claimed that “Smartmatic was a Venezuelan company under the control of corrupt dictators from socialist countries,” that the Smartmatic “election technology and software were used in many of the states with close outcomes,” and that “Smartmatic was responsible for stealing the 2020 election by switching and altering votes to rig the election for Joe Biden and Kamala Harris.”

Smartmatic identified 13 reports broadcast by Fox News in November and December 2020 alleging that Smartmatic had contributed to rigging or stealing the 2020 election. The stories were repeated in Fox News online articles and social media posts.

Causes of Action
The complaint lists nine causes of action related to defamation for false statements and implications, and seven causes of action related to disparagement for false statements and implications.

Harm Alleged
“Millions of individuals who saw and read Defendants’ reports believed them to be true. Smartmatic and its officers began to receive hate mail and death threats. Smartmatic’s clients and potential clients began to panic. The company’s reputation for providing transparent, auditable, and secure election technology and software was irreparably harmed. Overnight, Smartmatic went from an under-the-radar election technology and software company with a track record of success to the villain in Defendants’ disinformation campaign.”

Damages
Smartmatic asked for actual, consequential and special damages in an amount to be determined at trial, but no less than $ 2.7 billion, as well as compensatory and punitive damages.
Fox Corporation and Fox News Network, LLC, filed a motion to dismiss the original complaint on 2/8/2021.

Summary
Lawyers for Fox Corporation and Fox News Network, LLC, filed a motion to dismiss because “core First Amendment principles, together with New York’s anti-SLAPP [strategic lawsuits against public participation] law, compel the conclusion that Smartmatic’s claims against Fox must be dismissed.”

The motion stated that “a reasonable viewer would readily have understood that Fox was not covering those allegations because it was confident they were true; it was covering them because it was confident they were newsworthy—as was virtually every other press outlet in the country.”

Motions to Dismiss from Other Defendants:
Maria Bartiromo – 2/11/2021
Lou Dobbs – 2/11/2021
Jeanine Pirro – 2/11/2021

Ruling on Motions to Dismiss:

On March 8, 2022, New York State Supreme Court Judge David Cohen issued a ruling denying the motions to dismiss filed by Fox Corporation and Fox News Network LLC, Maria Bartiromo, and Lou Dobbs.

The ruling granted motions to dismiss filed by Jeanine Pirro and Sidney Powell.

Most of the claims against Rudy Giuliani were dismissed, but Smartmatic allowed part of the case to move forward.
As far as we know, the case was still being litigated as of 4/13/2022.

5. Dominion v. My Pillow and Mike Lindell (1:21-cv-00445)

A.
Date Filed
B.
Initial Complaint
C.
Initial Response
D.
Current Status
2/22/2021The initial complaint was filed on 2/22/2021 by Dominion Voting Systems against the defendants My Pillow, Inc. and Mike Lindell in the United States District Court for the District of Columbia.

Summary from the Initial Complaint
“Acting in concert with allies and media outlets that were determined to curry favor with one of their biggest sponsors and to promote a false preconceived narrative about the 2020 election, Lindell launched a defamatory marketing campaign about Dominion that reached millions of people and caused enormous harm to Dominion…

Lindell’s false and defamatory statements… constitute deceptive trade practices in violation of Minnesota law, M.S.A. Sec. 325D.44(8), as they disparage Dominion’s goods and services by false and misleading representations of fact.”

Complaint
Count One – Defamation Per Se
Count Two – Deceptive Trade Practices

Harm Alleged
“Dominion employees have been stalked, have been harassed, and have received death threats; Dominion has been forced to make an expenditure of money to remedy the defamation [more than $1,170,000] and to protect the lives of its employees [more than $565,000]; Dominion has lost profits [projected $200 million over the next five years] ; and Dominion’s reputation has been irreparably damaged.”

Damages
Dominion requested an award of not less than $1,303,470,000: compensatory damages of not less than $651,735,000 and punitive damages of not less than $651,735,000.
My Pillow, Inc. filed a motion to dismiss the initial complaint on 4/19/2021.

Summary
My Pillow filed a motion to dismiss for failure to state a claim, lack of personal jurisdiction, and improper venue (the motion states that Minnesota would be the proper venue, not DC). The motion said, “Plaintiffs have failed to identify any conduct of MyPillow that caused any injury to Dominion. Even if Mr. Lindell’s personal political commentary can be attributed to MyPillow, Dominion still cannot show that it has sustained any damage in the District of Columbia.”

Mike Lindell filed a motion to dismiss the initial complaint on 4/23/2021.

Summary
“Dominion’s lawsuit is an affront to the First Amendment and is nothing more than a media- driven ploy to discredit or silence anyone who exposes Dominion’s voting systems as the hackable and exploitable threat to American democracy that they are… Dominion has not met its burden to plausibly plead that Lindell knew his statements were false or that Lindell harbored substantial doubt as to the truth of his statements. Dominion has failed to adequately plead actual malice by Lindell because it cannot.”

Judge Carl J. Nichols in the US District Court for the District of Columbia denied the Defendant’s motion to dismiss in full on 8/11/2021.

[Note: My Pillow filed a counterclaim against Dominion on 4/19/2021 and Mike Lindell filed a counterclaim against Dominion on 6/3/2021.]
As far as we know, the case was still being litigated as of 5/27/2022.

6. Dominion v. Fox News Networks, LLC (N21C-03-257 EMD)

A.
Date Filed
B.
Initial Complaint
C.
Initial Response
D.
Current Status
3/26/2021The initial complaint was filed on 3/26/2021 by Dominion Voting Systems against the defendant Fox News Networks, LLC, in the Superior Court of the State of Delaware.

Summary from the Initial Complaint
“Fox set out to lure viewers back—including President Trump himself—by intentionally and falsely blaming Dominion for President Trump’s loss by rigging the election… These outlandish, defamatory, and far-fetched fictions included Fox falsely claiming that: (1) Dominion committed election fraud by rigging the 2020 Presidential Election; (2) Dominion’s software and algorithms manipulated vote counts in the 2020 Presidential Election; (3) Dominion is owned by a company founded in Venezuela to rig elections for the dictator Hugo Chávez; and (4) Dominion paid kickbacks to government officials who used its machines in the 2020 Presidential Election.”

Complaint
Count One – Defamation Per Se

Harm Alleged
“Fox’s viral disinformation campaign about Dominion reached over a billion people worldwide… Dominion employees have been stalked, have been harassed, and have received death threats; Dominion has been forced to make an expenditure of money to remedy the defamation and to protect the lives of its employees; Dominion has lost profits; and Dominion’s enterprise value has been irreparably damaged.”

Damages
Dominion requested at least $1.6 billion, including compensatory and punitive damages in amount to be determined at trial, and damages for (1) lost profits of not less than $600,000,000; (2) lost enterprise value of not less than $1,000,000,000; (3) security expenses of not less than $600,000; and (4) expenses incurred combatting the disinformation campaign of not less than $700,000.
The defendant filed a motion to dismiss the initial complaint on 5/18/2021.

Summary
“First, Dominion has alleged no actionable defamation by Fox. A series of First Amendment and New York free-speech doctrines each independently protect media reporting and commentary on newsworthy allegations of public concern made by the President and his legal team…

Second, Dominion fails to plead facts alleging that Fox published the challenged speech with actual malice—that is, with knowledge or reckless disregard of its falsity and that the person responsible for telecasting the speech in fact entertained serious doubts about its truth.”
A jury trial is scheduled for 5/17/2023 (as of 6/1/2022).

7. Dominion v. Newsmax Media, Inc. (N21C-08-063)

A.
Date Filed
B.
Initial Complaint
C.
Initial Response
D.
Current Status
8/10/2021The initial complaint was filed on 8/10/2021 by Dominion Voting Systems against the defendant Newsmax Media Inc. in the Superior Court of the State of Delaware.

Summary from the Initial Complaint
“Over the course of several months, Newsmax manufactured, endorsed, repeated, and broadcast a series of verifiably false yet devastating lies about Dominion. These outlandish and far-fetched fictions included that: (1) Dominion committed election fraud by rigging the 2020 Presidential Election; (2) Dominion’s software and algorithms manipulated vote counts in the 2020 Presidential Election; (3) Dominion is owned by or owns a company founded in Venezuela to rig elections for the dictator Hugo Chávez; (4) Dominion paid kickbacks to government officials who used its machines in swing states during the 2020 Presidential Election; and (5) Dominion was involved with alleged voting irregularities in Dallas, Texas, in 2018—even though Dominion’s voting system was not used there.”

Complaint
Count One – Defamation Per Se

Harm Alleged
“As a result of the false accusations broadcast by Newsmax into millions of American homes, Dominion has suffered unprecedented harm and its employees’ lives have been put in danger … Since the beginning of the viral disinformation campaign, Dominion has spent more than $600,000 on private security for the protection of its people …

Dominion has not received numerous contracts as a result of the lies spread by Newsmax and others. As of July 23, 2021, these contracts were worth a combined $90 million over 53 separate potential contracts … Conservative projections show lost profits from existing customers of over $463 million and from potential new customers of over $68 million.”

Damages
Dominion requested at least $1.6 billion, including general compensatory and punitive damages in amount to be determined at trial, and damages for (1) lost profits of not less than $600,000,000; (2) lost enterprise value of not less than $1,000,000,000; (3) security expenses of not less than $600,000; and (4) expenses incurred combatting the disinformation campaign of not less than $700,000; plus interest, expenses, and attorney fees.
Newsmax filed a motion to dismiss for failure to state a claim on 10/11/2021 (we have not found a copy of the motion).
Source: State of Delaware Courts Judicial Case Database, “Case ID N21C-08-063,” courtconnect.courts.delaware.gov (accessed November 10, 2021)

Summary
In an 8/10/2021 statement, Newsmax said, “While Newsmax has not reviewed the Dominion filing, in its coverage of the 2020 Presidential elections, Newsmax simply reported on allegations made by well-known public figures, including the President, his advisors and members of Congress — Dominion’s action today is a clear attempt to squelch such reporting and undermine a free press.”
Source: Jan Wolfe and Tom Hals, “Dominion sues Newsmax, One America over U.S. election fraud claims,” reuters.com, August 10, 2021
As far as we know, the case was still being litigated as of 5/25/2022.

8. Dominion v. Herring Networks Inc. (owner of One America News Network), Charles Herring, Robert Herring, Chanel Rion, and Christina Bobb (1:21-cv-02130)

A.
Date Filed
B.
Initial Complaint
C.
Initial Response
D.
Current Status
8/10/2021The initial complaint was filed on 8/10/2021 by Dominion Voting Systems against the defendants Herring Networks Inc. (owner of One America News Network), network owners Charles Herring and Robert Herring, and OAN on-air personalities Chanel Rion and Christina Bobb, in the United States District Court for the District of Columbia.

Summary from the Initial Complaint
“Over the course of several months, OAN manufactured, endorsed, repeated, and broadcast a series of verifiably false yet devastating lies about Dominion. These outlandish and far-fetched fictions included that: (1) Dominion committed election fraud by rigging the 2020 Presidential Election; (2) Dominion’s software and algorithms manipulated vote counts in the 2020 Presidential Election; (3) Dominion is owned by or owns a company founded in Venezuela to rig elections for the dictator Hugo Chávez; and (4) Dominion was involved with alleged voting irregularities in Philadelphia and Dallas—cities where its voting system is not even used.”

Complaint
Count One – Defamation Per Se

Harm Alleged
“Conservative projections show lost profits from existing customers of over $463 million and from potential new customers of over $68 million. In addition, the viral disinformation campaign has irreparably damaged Dominion. It has decimated Dominion’s goodwill and destroyed the enterprise value of a business that was worth potentially more than $1 billion.”

Damages
Dominion requested at least $1.6 billion, including general compensatory and punitive damages in amount to be determined at trial, and damages for (1) lost profits of not less than $600,000,000; (2) lost enterprise value of not less than $1,000,000,000; (3) security expenses of not less than $600,000; and (4) expenses incurred combatting the disinformation campaign of not less than $700,000; plus interest, expenses, and attorney fees.
Judge Carl J. Nichols granted an unopposed motion for extension of time on 9/15/21, ordering the defendants to respond to the complaint by 10/19/2021. The court docket was last updated on 10/7/2021, so it is unclear whether a motion to dismiss has been filed.
Source: Justia Dockets and Filings, “US DOMINION, INC. et al v. HERRING NETWORKS, INC. et al,” dockets.justia.com (accessed November 10, 2021)

Summary
OAN founder and CEO Robert Herring Sr. told Times of San Diego in response to questions about the lawsuit, “I figure when we put out the news, our news is always good. So we don’t have to worry about it. Meet ’em in court … We’ll go to court and we’ll have our day in court. OK, you [media] guys can sit there and turn it however you want. … All the [coverage] that we’ve ever had for our side of the story — it never came out right. So we really don’t have anything to say.”
Source: Ken Stone, “Bankruptcy for OAN? Dominion Libel Suit Imperils San Diego Cable Outlet,” timesofsandiego.com, August 14, 2021
As far as we know, the case was still being litigated as of 5/27/2022.

9. Dominion v. Patrick Byrne (former CEO of Overstock) (1:21-cv-02131)

A.
Date Filed
B.
Initial Complaint
C.
Initial Response
D.
Current Status
8/10/2021The initial complaint was filed on 8/10/2021 by Dominion Voting Systems against the defendant Patrick Byrne (former CEO of Overstock) in the United States District Court for the District of Columbia.

Summary from the Initial Complaint
“[Patrick Byrne] previously invested millions of dollars in—and continues promoting— blockchain voting technology, which can succeed only if voters and elected officials reject the auditable paper-based voting systems currently provided by Dominion …

Defendant Patrick Byrne is an individual who is a resident of Utah and who spent at least three months in Washington, D.C. waging a defamatory disinformation campaign against Dominion in collaboration with Sidney Powell, General Michael Flynn, Rudy Giuliani, MyPillow CEO Mike Lindell, and others.”

Complaint
Count One – Defamation Per Se

Harm Alleged
“Dominion has not received numerous contracts as a result of the lies spread by Byrne and others … Conservative projections show lost profits from existing customers of over $463 million and from potential new customers of over $68 million. In addition, the viral disinformation campaign has irreparably damaged Dominion. It has decimated Dominion’s goodwill and destroyed the enterprise value of a business that was worth potentially more than $1 billion.”

Damages
Dominion requested at least $1.6 billion, including general compensatory and punitive damages in amount to be determined at trial, and damages for (1) lost profits of not less than $600,000,000; (2) lost enterprise value of not less than $1,000,000,000; (3) security expenses of not less than $600,000; and (4) expenses incurred combatting the disinformation campaign of not less than $700,000; plus interest, expenses, and attorney fees.
The case was assigned to Judge Carl J. Nichols on 8/10/2021.

Patrick Byrne filed a Motion to Dismiss on 11/17/2021.

Summary
[Dominion’s] “claims are baseless and the record shows that questions regarding electronic voting machine systems generally and Dominion’s in particular did not originate with Byrne, but actually predate all the lawsuits and November 2020 post-election claims.”
As far as we know, the case was still being litigated as of 5/23/2022.

10. Smartmatic v. Newsmax Media, Inc. (N21C-11-028)

A.
Date Filed
B.
Initial Complaint
C.
Initial Response
D.
Current Status
11/3/2021The initial complaint was filed on 11/3/2021 by Smartmatic against the defendant Newsmax Media, Inc., in the Superior Court of the State of Delaware.

Summary from the Initial Complaint
“In November and December 2020, Newsmax published dozens of reports indicating that Smartmatic participated in a criminal conspiracy to rig and steal the 2020 U.S. election and that its technology and software were used to switch votes from former President Trump to now President Biden … Newsmax had no evidence to support what its anchors had been saying … Smartmatic did not play any role in the general election outside of Los Angeles County. Smartmatic’s election technology, software, equipment, and services were not used in any other county or state for the 2020 U.S. election.”

Complaint
First Cause of Action: Defamation for false statements and implications about plaintiff Smartmatic

Harm Alleged
“Smartmatic has been required to spend in excess of $400,000 on public relations and crisis management… in excess of $100,000 on cybersecurity … [and] in excess of $700,000 on retention and recruitment for personnel … Moreover, Newsmax’s publication of its defamatory statements was a substantial cause of Smartmatic’s diminished business value and prospects.” Smartmatic estimates that its election-related business value dropped by at least $2 billion.

Damages
Smartmatic has requested compensatory, actual, consequential, punitive, and special damages in an amount to be determined at trial, as well as attorneys’ fees, lawsuit costs, and interest at the highest lawful rates.

Jury Demand
Smartmatic has demanded a trial with a 12-person jury.
Newsmax filed a counterclaim on February 4, 2022 (we have not found a copy of the filing).
Source: State of Delaware Courts Judicial Case Database, “Case ID N21C-11-028,” courtconnect.courts.delaware.gov (accessed June 1, 2022)

According to media reports, the filing stated, “The action brought by Smartmatic against Newsmax arises from and is because of Newsmax’s exercise of its right to free speech in connection with issues of public interest.”
Source: Jan Wolfe, “Newsmax Counter-sues Smartmatic, Widening Fight Over U.S. Election Fraud Claims,” reuters.com, February 7, 2022
As far as we know, the case was still being litigated as of 5/25/2022.

11. Smartmatic v. Herring Networks, Inc. d/b/a One America News Network (1:21-cv-02900)

A.
Date Filed
B.
Initial Complaint
C.
Initial Response
D.
Current Status
11/3/2021The initial complaint was filed on 11/3/2021 by Smartmatic against the defendant Herring Networks, Inc. (owner of One America News Network), in the United States District Court for the District of Columbia.

Summary from the Initial Complaint
“OANN published report after report naming Smartmatic as one of the voting machine companies that had conspired to steal the election by switching votes from former President Trump to current President Biden. It was all a lie. And OANN knew it … Smartmatic is a victim of OANN’s decision to increase its viewership and influence by spreading disinformation.”

Complaint
First Cause of Action: Defamation for false statements and implications about Smartmatic
Second Cause of Action: Injurious falsehood for false statements and implications about Smartmatic’s election technology and software

Harm Alleged
“Smartmatic has been required to spend in excess of $400,000 on public relations and crisis management … in excess of $100,000 on cybersecurity … [and] in excess of $700,000 on retention and recruitment for personnel … Moreover, OANN’s publication of its defamatory statements was a substantial cause of Smartmatic’s diminished business value and prospects.” Smartmatic estimates that its election-related business value dropped by at least $2 billion.

Damages
Smartmatic has requested compensatory, actual, consequential, punitive, and special damages in an amount to be determined at trial, as well as attorneys’ fees, lawsuit costs, and interest at the highest lawful rates.

Jury Demand
Smartmatic has requested a trial by jury.
The case was assigned to Judge Carl J. Nichols on 2/22/2021.

Herring Networks filed a Motion to Dismiss or Transfer on 2/18/2022. The motion stated, “The Complaint fails to adequately allege personal jurisdiction over OAN, fails to justify venue in this District, and fails to tie Smartmatic’s claims to this District. Accordingly, the case should be dismissed for failure to adequately plead personal jurisdiction. Alternatively, the case should be transferred to the U.S. Southern District of California based on improper venue here.”
As far as we know, the case was still being litigated as of 5/19/2022.

12. Dominion v. Fox Corporation and Fox Broadcasting Company, LLC (N21C-11-082 EMD)

A.
Date Filed
B.
Initial Complaint
C.
Initial Response
D.
Current Status
11/8/2021The initial complaint was filed on 11/8/2021 by Dominion against the defendants Fox Corporation and Fox Broadcasting Company, LLC, in the Superior Court of the State of Delaware.

Summary from the Initial Complaint
“Fox endorsed, repeated, and broadcast a series of verifiably false yet devastating lies about Dominion. These outlandish, defamatory, and far-fetched fictions included Fox falsely claiming that: (1) Dominion committed election fraud by rigging the 2020 Presidential Election; (2) Dominion’s software and algorithms manipulated vote counts in the 2020 Presidential Election; (3) Dominion is owned by a company founded in Venezuela to rig elections for the dictator Hugo Chávez; and (4) Dominion paid kickbacks to government officials who used its machines in the 2020 Presidential Election.”

Complaint
Count One – Defamation Per Se
Second Cause of Action: Injurious falsehood for false statements and implications about Smartmatic’s election technology and software

Harm Alleged
“Fox’s viral disinformation campaign about Dominion reached over a billion people worldwide and caused enormous harm to Dominion … Dominion employees have been stalked, have been harassed, and have received death threats; Dominion has been forced to make an expenditure of money to remedy the defamation and to protect the lives of its employees; Dominion has lost profits; Dominion has suffered a loss of goodwill; and Dominion’s enterprise value has been irreparably damaged.”

Damages
Dominion requested at least $1.6 billion, including compensatory and punitive damages in amount to be determined at trial, and damages for (1) lost profits of not less than $600,000,000; (2) lost enterprise value of not less than $1,000,000,000; (3) security expenses of not less than $600,000; and (4) expenses incurred combatting the disinformation campaign of not less than $700,000, plus costs and attorneys’ fees.

Jury Demand
Plaintiffs demand a trial by jury on all claims and issues so triable.
Assigned to Judge Eric M. Davis.

A spokesperson for Fox Corp. said, “The filing changes nothing of substance in this case. Fox is proud of our 2020 election coverage, which stands in the highest tradition of American journalism, and we will continue to vigorously defend against this baseless lawsuit in court.”
Source: Ted Johnson, “Dominion Voting Systems Sues Fox Corp. In Latest Defamation Lawsuit Over False Election Claims,” deadline.com, November 12, 2021

Defendants filed a Motion to Dismiss on 12/30/2021 (we have not found a copy of the filing).
As far as we know, the case was still being litigated as of 5/18/2022.

13. Coomer v. Salem Media of Colorado Inc. and Randy Corporon (2021CV33632)

A.
Date Filed
B.
Initial Complaint
C.
Initial Response
D.
Current Status
11/13/2021The initial complaint was filed on 11/13/2021 by former Dominion Voting Systems employee Eric Coomer against the defendants Salem Media of Colorado and Randy Corporon in the Denver District Court.

Summary from the Initial Complaint
“This case is based on Salem Media’s and Corporon’s false accusations that Dr. Coomer sat at the center of a national conspiracy to rig the 2020 Presidential election. Both Salem Media, which owns Denver-based 710 KNUS, and Corporon, a 710 KNUS host, elevated Dr. Coomer into the national spotlight, invaded his privacy, threatened his security, and fundamentally defamed his reputation through a relentless election fraud campaign.”

Causes of Action
A. Defamation Against Defendants
B. Intentional Infliction of Emotional Distress Against Defendants
C. Negligent Supervision and/or Negligent Retention Against Salem Media
D. Civil Conspiracy Against Defendants
E. Permanent Injunction

Harm Alleged
“The deluge of misinformation has caused immense injury to Dr.Coomer’s reputation, professional standing, safety, and privacy. Once an esteemed private election technology expert, Dr. Coomer has been vilified and subjected to an onslaught of offensive messages and harassment. In response to multiple credible death threats, Dr. Coomer was forced to leave his home and spend months in hiding in fear for his safety.”

Damages
“Permanent injunctive relief requiring Defendants and their officers, agents, servants, employees, and attorneys to remove any and all defamatory publications made about Dr. Coomer; Actual and special damages against Defendants in an amount to be proven at trial; Attorney’s fees and costs.”

Jury Demand
Plaintiff requested a trial by jury.
Docket details not found.As far as we know, the case was still being litigated as of 6/1/2022.

14. Coomer v. Make Your Life Epic LLC dba Thrivetime Show and Clayton Thomas Clark (1:21-cv-3440)

A.
Date Filed
B.
Initial Complaint
C.
Initial Response
D.
Current Status
12/22/2021The initial complaint was filed on 12/22/2021 by former Dominion Voting Systems employee Eric Coomer against the defendants Make Your Life Epic LLC and Clayton Thomas Clark in the United States District Court for the District of Colorado.

Summary from the Initial Complaint
“This case is about a relentless defamation campaign against Dr. Coomer perpetrated by Clay Clark’s ReAwaken America Tour, Clay Clark’s ThriveTime, and by Clark himself. Through their traveling tour and series of nationally published interviews, Defendants have monetized a false election fraud narrative and promoted a constant drumbeat of outright falsehoods intended to place Dr. Coomer at the center of an imagined conspiracy to defraud the American people.”

Causes of Action
A. Defamation Against Defendants
B. Intentional Infliction of Emotional Distress Against Defendants
C. Civil Conspiracy Against Defendants
D. Permanent Injunction

Harm Alleged
“After more than fifteen years as a respected professional at the top of his field, Dr. Coomer’s reputation has been irreparably tarnished. He can no longer work in the elections industry on account of the unwarranted distrust inspired by Defendants’ lies, and instead now endures frequent credible death threats and the burden of being made the face of an imagined criminal conspiracy of unprecedented scope in American history.”

Damages
“Permanent injunctive relief requiring Defendants and their officers, agents, servants, employees, and attorneys to remove any and all defamatory publications made about Dr. Coomer; Actual and special damages against Defendants in an amount to be proven at trial; Attorney’s fees and costs.”

Jury Demand
Plaintiff requested a trial by jury.
Docket details not found.As far as we know, the case was still being litigated as of 6/1/2022.

15. Smartmatic v. Mike Lindell and My Pillow (0:22-cv-00098-WMW-JFD)

A.
Date Filed
B.
Initial Complaint
C.
Initial Response
D.
Current Status
1/18/2022The initial complaint was filed on 1/18/2022 by Smartmatic against the defendants Michael J. Lindell and My Pillow, Inc., in the United States District Court for the District of Minnesota.

Summary from the Initial Complaint
“Mr. Lindell told people that Smartmatic stole the 2020 U.S. election … Mr. Lindell intentionally stoked the fires of xenophobia and party-divide for the noble purpose of selling his pillows.”

Complaint
First Cause of Action: Defamation for False Statements and Implications
Second Cause of Action: Minnesota Deceptive Trade Practices, MSA § 325D.44(8)

Harm Alleged
“Mr. Lindell’s defamatory statements led to Smartmatic’s name and brand becoming synonymous with election fraud for members of the general public and government officials, particularly those in the United States … Prior to the 2020 U.S. election, based on its historical business and pipeline, Smartmatic’s business was valued in excess of $3.0 billion based on a modest multiplier. Now, following Mr. Lindell’s publication of his defamatory statements, Smartmatic’s business is valued at less than $1 billion.”

Damages
“Smartmatic seeks to recover for the economic and non-economic damage caused by Defendants’ disinformation campaign, punitive damages, attorneys’ fees and costs, and a permanent injunction.”

Jury Demand
Smartmatic requested a trial by jury.
Assigned to Judge Wilhelmina M. Wright on 1/18/2022.

Lindell filed a Motion to Dismiss on 3/21/2022.

As far as we know, the case was still being litigated as of 5/26/2022.

16. Eric Coomer v. Michael J. Lindell, Frankspeech LLC, and My Pillow, Inc. (2022CV30920)

A.
Date Filed
B.
Initial Complaint
C.
Initial Response
D.
Current Status
4/4/2022The initial complaint was filed on 4/4/2022 by former Dominion Voting Systems employee Eric Coomer against the defendants Mike Lindell, Frankspeech, and My Pillow, Inc., in the Denver District Court.

Summary from the Initial Complaint
“Lindell and his related companies Frankspeech LLC and My Pillow, Inc. have been among the most prolific vectors of baseless conspiracy theories claiming election fraud in the 2020 election. … Lindell and his companies have gone out of their way to target Dr. Coomer, former Director of Product Strategy and Security for Dominion Voting Systems.”

Causes of Action
A. Defamation Against Defendants
B. Intentional Infliction of Emotional Distress Against Defendants
C. Civil Conspiracy Against Defendants
D. Permanent Injunction

Harm Alleged
“Dr. Coomer’s reputation has been irreparably tarnished. He can no longer work in the elections industry on account of the unwarranted distrust inspired by Defendants’ lies, and instead now endures frequent credible death threats and the burden of being made the face of an imagined criminal conspiracy of unprecedented scope in American history.”

Damages
“Permanent injunctive relief requiring Defendants and their officers, agents, servants, employees, and attorneys to remove any and all defamatory publications made about Dr. Coomer; Actual and special damages against Defendants in an amount to be proven at trial; Attorney’s fees and costs.”

Jury Demand
Plaintiff requested a trial by jury.
Docket details not found.As far as we know, the case was still being litigated as of 6/1/2022.

Additional Context

In the 2020 election, Dominion Voting Systems products were used in an estimated 24 states, while Smartmatic was only used in California’s Los Angeles County. [1]Verified Voting, “The Verifier — Search — November 2020,” verifiedvoting.org (accessed May 26, 2021) We have no explanation why Dominion and Smartmatic were targeted by claims of fraud while other voting machine companies were not mentioned by name.

Both Dominion and Smartmatic have denied all accusations of fraud. They have also refuted specific allegations, including claims that the two companies share ownership or software, and that the machines were created in Venezuela at the direction of the late Hugo Chavez. The Associated Press, Reuters, and other sources found no evidence that Dominion had any ties to Smartmatic [2]Reuters Staff, “Fact check: Dominion is not linked to Antifa or Venezuela, did not switch U.S. 2020 election votes in Virginia and was not subject to a U.S. army raid in Germany,” reuters.com, … Continue reading or Venezuela[3]Ali Swenson, “Smartmatic does not own Dominion Voting Systems,” apnews.com, November 17, 2020.

Eric Coomer was the Director of Strategy and Security for Dominion Voting Systems. Following the 2020 election, defendants named in his lawsuits claimed that he had participated in a call with Antifa stating that he would act to subvert the results of the election.[4]Associated Press, “Denver Judge Says Former Dominion Voting Employee’s Defamation Suit Can Proceed,” 9news.com, May 13, 2022 Coomer reportedly received death threats and targeted harassment from people who believed he had stolen the election from Trump.[5]Susan Dominus, “He Was the ‘Perfect Villain’ for Voting Conspiracists,” nytimes.com, September 21, 2021

On December 22, 2020, eight U.S. citizens filed a class action lawsuit on behalf of all U.S. voters alleging their right to vote was infringed upon by the actions of several defendants, including Dominion Voting Systems.[6]Kevin O’Rourke, et al. v. Dominion Voting Systems Inc., et al. (Civil Action No. 1:20-cv-03747). Other defendants included Facebook Inc., the Center for Tech and Civil Life, and the governors and … Continue reading The plaintiffs voluntarily dismissed government officials from the case, then a judge dismissed the remainder of the defendants, calling the case “fatally flawed.” On August 3, 2021, two lawyers acting for the plaintiffs in the case, Gary D. Fielder and Ernest John Walker, were sanctioned for filing a lawsuit in bad faith, for including highly disputed and inflammatory statements against the defendants, and for inherent legal flaws and inadequate inquiry, among other conclusions. Fielder and Walker were ordered to pay sanctions totaling over $184,000 plus reasonable attorneys fees and expenses. In May 2022, after appeal, the United States District Court of Appeals for the Tenth Circuit affirmed the ruling.

Retraction Demands

Starting on December 17, 2020,[7]Dominion, “Dominion Demands Retraction of Sidney Powell’s Defamatory Falsehoods,” dominionvoting.com, December 17, 2020 about six weeks after the November 3, 2020 presidential election, Dominion sent more than 150 retraction and/or record preservation demand letters to people and companies that had accused them of election fraud. Recipients included attorneys Rudy Giuliani, Sydney Powell, and Lin Wood; MyPillow founder Mike Lindell; Newsmax and Fox hosts Greg Kelly, Sean Hannity, and Maria Bartiromo; and media companies Fox News, One America News, Newsmax, and The American Thinker.[8]Matt Naham, “Lawyers for Dominion Voting Systems Sent 21 Retraction or Record Preservation Demand Letters This Week — Read Them All Here,” lawandcrime.com, December 24, 2020

On December 14, 2020, Smartmatic issued legal notices and retraction demand letters to Fox News, Newsmax, and One America News Network for publishing false and defamatory statements.[9]Smartmatic, “Smartmatic Demands Justice for Defamation,” smartmatic.com, December 14, 2020

Fox News aired a segment that debunked conspiracy theories about Smartmatic on Fox Business host Lou Dobbs’ show on December 18, 2020. The same fact check then aired on December 19 on Jeanine Pirro’s show and on December 20 on Maria Bartiromo’s show. [10]Josh Feldman, “Lou Dobbs Airs Stunning Fact-Check of His Own Election Conspiracies After Company Threatens Legal Action,” mediaite.com, December 18, 2020

Newsmax published an article on December 19, 2020, and aired a segment on December 21, 2020, negating some of the false claims they had aired about Dominion and Smartmatic.

The American Thinker published a retraction and apology to Dominion on January 15, 2021.

On April 30, 2021, Newsmax issued a retraction and an apology for airing allegations against Eric Coomer and said it had found no evidence that Coomer had spoken to Antifa. Coomer subsequently dropped his lawsuit against Newsmax.[11]Amy B. Wang, “Newsmax Apologizes to Dominion Employee for Falsely Alleging He Manipulated Votes Against Trump,” washingtonpost.com, April 30, 2021

References

References
1 Verified Voting, “The Verifier — Search — November 2020,” verifiedvoting.org (accessed May 26, 2021)
2 Reuters Staff, “Fact check: Dominion is not linked to Antifa or Venezuela, did not switch U.S. 2020 election votes in Virginia and was not subject to a U.S. army raid in Germany,” reuters.com, November 26, 2020
3 Ali Swenson, “Smartmatic does not own Dominion Voting Systems,” apnews.com, November 17, 2020
4 Associated Press, “Denver Judge Says Former Dominion Voting Employee’s Defamation Suit Can Proceed,” 9news.com, May 13, 2022
5 Susan Dominus, “He Was the ‘Perfect Villain’ for Voting Conspiracists,” nytimes.com, September 21, 2021
6 Kevin O’Rourke, et al. v. Dominion Voting Systems Inc., et al. (Civil Action No. 1:20-cv-03747). Other defendants included Facebook Inc., the Center for Tech and Civil Life, and the governors and secretaries of state for Georgia, Michigan, Pennsylvania and Wisconsin, among others. The case alleged that the defendants engaged in concerted action to interfere with the 2020 election.
7 Dominion, “Dominion Demands Retraction of Sidney Powell’s Defamatory Falsehoods,” dominionvoting.com, December 17, 2020
8 Matt Naham, “Lawyers for Dominion Voting Systems Sent 21 Retraction or Record Preservation Demand Letters This Week — Read Them All Here,” lawandcrime.com, December 24, 2020
9 Smartmatic, “Smartmatic Demands Justice for Defamation,” smartmatic.com, December 14, 2020
10 Josh Feldman, “Lou Dobbs Airs Stunning Fact-Check of His Own Election Conspiracies After Company Threatens Legal Action,” mediaite.com, December 18, 2020
11 Amy B. Wang, “Newsmax Apologizes to Dominion Employee for Falsely Alleging He Manipulated Votes Against Trump,” washingtonpost.com, April 30, 2021
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