Dayton Daily News

Producer says Fox coerced testimony in libel case

- By Randall Chase and Nicholas Riccardi

A Fox News producer has filed a lawsuit claiming the network pressured her to give misleading testimony in a separate lawsuit that alleges Fox slandered a voting machine company by amplifying baseless allegation­s of fraud following the 2020 presidenti­al election.

The lawsuit by Abby Grossberg, who said she is on a forced administra­tive leave, alleges that the network also discrimina­ted against her based on her gender and Jewish faith. It came as a hearing began Tuesday in Delaware Superior Court in the larger legal battle between Fox and Dominion Voting Systems, which seeks $1.6 billion from the network in its defamation claim.

The Dominion lawsuit provides the legal backdrop for Grossberg’s claim and already has embarrasse­d the network by revealing its personalit­ies’ private disdain for former President Donald Trump and illustrati­ng how political pressures can inform its coverage. The case also holds the potential for redefining libel law in the U.S.

Denver-based Dominion, which sells electronic voting hardware and software, contends that some Fox News employees deliberate­ly amplified false claims by Trump allies that Dominion machines had changed votes in the 2020 election and that Fox provided a platform for guests to make false and defamatory statements about the company.

Attorneys for Fox argue that the network was obligated to report on arguably one of the most newsworthy stories of the time — that a sitting president was claiming he had been cheated out of re-election. Records released previously in the case show the Fox personalit­ies and executives doubted the claims, but gave repeated air time to those making them.

Delaware Superior Court Judge Eric Davis heard arguments Tuesday on requests by both sides to grant summary judgment in their favor. To prevail, Dominion must convince Davis that Fox employees acted with actual malice or reckless disregard for the truth, and that no reasonable jury could find otherwise.

Davis told lawyers for both sides he hasn’t made up his mind.

If Davis allows the case to go forward, the trial is scheduled to start April 17.

In her lawsuit, filed Monday in federal court in New York City, Grossberg contends that Fox attorneys advised her against hiring a personal attorney for the case and implied that she should not be “too candid” in her deposition­s.

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