Smartmatic USA Corp. v. Fox Corporation, et al. (2021–present)

Documented · 02/04/2021

$2.7 billion defamation lawsuit filed by Smartmatic USA Corp. against Fox Corporation, Fox News Network, and hosts Lou Dobbs (now represented by his estate; Dobbs died July 18, 2024), Maria Bartiromo, and Jeanine Pirro over 2020 election-fraud claims involving Smartmatic. A 2025 New York appellate ruling held Fox Corporation must face trial on direct-liability claims. On May 7, 2026, the Appellate Division, First Department (2026 NY Slip Op 02891) declined to stay the defamation action pending a separate federal criminal proceeding against Smartmatic and its executives, holding that the criminal case -- which concerns unrelated Foreign Corrupt Practices Act bribery/money-laundering allegations tied to a 2016 Philippine election, not Smartmatic's allegations about Fox's 2020 U.S. election coverage -- would not be decisive of the defamation claims here. The court vacated the trial-ready note of issue only for the limited purpose of discovery into the impact on Smartmatic's business and damages of a superseding indictment (which added Smartmatic itself as a defendant in 2025), and extended that discovery to allegations involving both Los Angeles County and Venezuela; it did not rule on the truth of the criminal allegations or on Fox's liability in the defamation case. Cross-motions for summary judgment were argued December 2, 2025. As of the most recent court records and reporting reviewed in September 2026, the case remained pending, with no published decision identified resolving the parties' summary-judgment motions and no trial date identified.

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