Delaware Superior Court Judge Eric M. Davis has decided Smartmatic can continue to include in its defamation case 26 on-air and online statements from Newsmax that weren’t raised when the case was originally filed in November 2021.
Davis’ decision not to dismiss Smartmatic’s amended complaint keeps the tally of Delaware cases seeking to hold networks liable for calling companies’ and individuals’ reputations into question after the 2020 presidential election steady at five, with Newsmax on track to defend two cases in separate trials and Fox News accused of defamation in three others. Smartmatic is represented in the Newsmax case by Benesch, Friedlander, Coplan & Aronoff and Newsmax by Duane Morris and Todd & Weld.
