How hard lines in the Fox-Dominion deal have been softened

Dominion vs Fox: Communication Between Fox and the jury in a Case of “Fake News” About the 2020 Election

Fox couldn’t persuade a judge of any of those defenses. It’s true that the judge in this case ruled in March that the statements made about the 2020 election are false, a decision that was a major blow to Fox and may have led to its eagerness to settle the case.

Mr. Roscoe overcame the impasse with a breakthrough series of deal points that the two sides could at least work from, giving the talks a new intensity, according to several people briefed on the discussions. He knows top lawyers for both companies and recently mediated a case in which their firms were on opposing sides.

The judge, who had been privately urging the parties to find a way to a settlement, made time where he could. As the jury was about to be dismissed for lunch, he began to see what the real deal would look like. He became impatient when the jurors finished their platter of food and then sat for hours waiting for the trial to start.

That a deal came together at all was remarkable and unexpected. Neither side had made serious efforts to settle out of court since Dominion filed the suit more than two years ago. Dominion and its lawyers liked the strength of its case, bolstered by emails, texts and depositions revealing how many inside Fox had worried that their promotion of conspiracy theories about Dominion machines was wrong.