Judge delays Dominion and Fox News trial amid reports of settlement talks

The trial in the closely watched $1.6bn defamation lawsuit between Dominion Voting Systems and Fox will begin a day later than scheduled, the judge overseeing the case announced on Sunday evening, hours before opening arguments were set to begin on Monday and amid reports of settlement talks.

The Wall Street Journal, citing a person familiar with the matter, reported on Sunday that Fox had made a late push to settle the case out of court. Reuters also reported that the delay was due to settlement talks, according to a source familiar with the situation, as did the Washington Post, citing two sources. Spokespeople for Fox and Dominion did not immediately return a request for comment. A settlement could theoretically come at any time.

In a brief court hearing on Monday morning, Davis offered no more details on his decision to push back the start date.

Only one lawyer from each side was present in the courtroom on Monday. Davis spoke privately with them in a corner of the room as white noise was played over a loudspeaker.

The announcement of a delay came on a quiet Sunday evening in Wilmington, the venue for the trial because Fox, like many US corporations, is incorporated in Delaware, where there are generous tax benefits. A reporter or two could be seen doing a television standup outside the courthouse on Sunday afternoon.

Dominion is asking a Delaware jury to award damages because it says Fox knowingly or recklessly disregarded the truth when it broadcast outlandish lies about its voting equipment. US law sets a very high bar to win a defamation lawsuit and cases rarely go to trial.

The trial has been expected to be a blockbuster, with top Fox executives Rupert and Lachlan Murdoch expected to testify in person, along with top Fox hosts Sean Hannity, Tucker Carlson, Maria Bartiromo and Jeanine Pirro.

Other experts say the evidence against Fox is so strong that this case could show existing media standards still provide workable protections under which outlets can be held accountable.