"
Tushnet said that in all of her years practicing and teaching law, she had never seen such damning evidence collected in the pre-trial phase of a defamation suit. “I don’t recall anything comparable to this,” Tushnet said. “Donald Trump seems to be very good at generating unprecedented situations.”
"Korzenik stressed that while the law allows for bias and ratings-seeking behavior by media outlets, it does not allow for the publication of material one knows to be false.
The filing, Korzenik said, “certainly puts Fox in the actual malice crosshairs and puts them in real jeopardy.”
RonNell Andersen Jones, a professor and media law scholar at the University of Utah,
described the evidence as “pretty voluminous” and said that she too had never seen evidence like it collected in a high-profile defamation case against an outlet as enormous as Fox.
“This is a pretty staggering brief,” Jones said. “Dominion’s filing here is unique not just as to the volume of the evidence but also as to the directness of the evidence and the timeline of the evidence.”
“This ‘out of the horse’s mouth’ evidence of knowing falsity is not something we often see,” Jones added. “When coupled with the compelling storyline that Dominion is telling about motivation —
the evidence that at least some key players in the organization were actively looking to advance some election denialism in order to win back viewers who had departed — it makes for a strong actual malice storyline.”