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Posted on 10/27/2026 4:53:13 PM PDT by Red Badger
A Florida court threw out the case against former Dominion employee Eric Coomer on Tuesday.
Eric Coomer filed this defamation action on June 24, 2022, in the United States District Court for the District of Colorado. The case was transferred to a Florida Court in January 2024.
From today's decision:
Byrne and Coomer have each filed motions for summary judgment, and their papers cite both Colorado and Florida law. As it relates to Court’s determination of the cross-motions for summary judgment, the only relevant difference between the law of the two states is that under Colorado law, where the alleged defamatory statement relates to a matter of public concern, a defamation plaintiff must prove actual malice on the part of the defendant, and must do so by clear and convincing evidence, even if the plaintiff is not a public figure.
The court document continues:
To prevail on a defamation claim, a plaintiff must establish: (1) a defamatory statement concerning the plaintiff; (2) publication to a third party; (3) fault amounting to at least negligence; and (4) either actionability of the statement irrespective of special damages or the existence of special damages...
...Actual malice requires proof that the defendant published the challenged statement with knowledge of its falsity or with reckless disregard for whether it was false...
...Thus, the issue is not whether “a reasonably prudent [person] would have published, or would have investigated before publishing,” but rather whether the defendant “in fact entertained serious doubts as to the truth of [the] publication, or was highly aware of its probable falsity[.]”
More...
Coomer must not only prove the existence of actual malice but must do so by clear and convincing evidence. While not impossible to satisfy, the clear and convincing standard has been described as “heavy,” as “daunting,” as involving a “high standard of proof,” and as “significantly more onerous” than the preponderance of the evidence standard...
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Coomer (POS BAD GUY) sued Byrne (GOOD GUY) and COOMER'S lawsuit was TOSSED.
That's my take.
Gateway Pundit. “We can’t write, and it shows.”
"NEWSFLASH: Dominion CTO Eric Coomer’s libel case against me for saying Dominion’s equipment rigs elections was just thrown out by the judge on summary judgment. Trial was supposed to start next Wednesday, but the judge read our evidence and realized I was correct. No libel."
https://www.x.com/PatrickByrne/status/2115177169437823082
That headline totally threw me and caused me to read the excerpt over and over again trying to figure out the contradiction. I figured I was stupid somehow... It turns out that it is Jim Hoft that is stupid.
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