The appointment of a special master in the Dominion defamation trial may have pushed Fox over the edge toward settlement. Here's how we'll know. (via MaddowBlog)
, one might have expected that the window for settlement arrived ... and then went as the April 17 trial date grew closer.possible after a trial starts, including during jury deliberations — or sometimes even after a verdict, as with a case that presents thorny issues for appeal. And Tuesday's
in the Dominion matter proves that lawyers are capable of “two-tracking” a fiercely-contested, high-stakes case: Ready for battleSo what finally prompted the two sides to reach an agreement, especially given that some of the usual leverage points in civil litigation did not? The parties, after all, could have settled for arguably much less after Fox lost its motion to dismiss; so too might Fox have been motivated to settle before its most senior executives were forced to prepare and sit for...
But what could have pushed a settlement over the edge was a four-page order Davis filed at 11:43 a.m. ET on Tuesday while he was still on the bench. That order, which followed a testy pretrial hearing last week during which Davis announced he would sanction Fox for discovery noncompliance and/or misrepresentations to the court, appointed a special master to investigate Fox News and Fox Corp.’s respective discovery conduct.
This artist sketch depicts Dominion attorney Justin Nelson, standing left, and Fox News attorney Daniel Webb, standing at right, speaking to Judge Eric Davis before finishing jury selection in Delaware Superior Court on Tuesday in Wilmington.Among the powers Davis gave the special master were the right to take his own depositions of any person at any location of his choosing and generally within five calendar days.
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