Posted on 10/03/2022 1:35:37 PM PDT by JSM_Liberty
Dominion Voting Systems’ defamation lawsuit against MyPillow CEO Mike Lindell can move forward after the Supreme Court on Monday declined to consider Lindell’s attempt to block the case. No vote count was made public. Justice Ketanji Brown Jackson did not take part in consideration of the case.
Dominion is seeking $1.3 billion in damages, claiming it was harmed by unfounded statements from Lindell and other allies of former President Donald Trump that Dominion rigged its machines in favor of Joe Biden in the 2020 presidential election.
Lindell has denied any wrongdoing. Lindell was appealing a lower court ruling that previously said Dominion lawsuit could proceed. In that ruling, Judge Carl Nichols wrote that “in addition to alleging that Lindell’s claims are inherently improbable, that his sources are unreliable, and that he has failed to acknowledge the validity of countervailing evidence, Dominion has alleged numerous instances in which Lindell told audiences to purchase MyPillow products after making his claims of election fraud and providing MyPillow promotional codes related to those theories.” The company “has adequately alleged that Lindell made his claims knowing that they were false or with reckless disregard for the truth,” Nichols wrote.
(Excerpt) Read more at cnn.com ...
IDIOT! Is DU missing you?
To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject of the statement. Source.
So there is no requirement of intent to damage the other party. There is an exception where the other party is a public figure. In that case, actual malice must also be shown. Dominion is not a public figure.
“Mike has to answer the claims.”
Yes, he has to file an Answer; but it should be a general denial or rejection on procedural grounds. (I haven’t seen the complaint, but that’s usually the initial process.)
Dominion has the burden of proof. That is what I meant by Lindell not having to say squat.
You don’t know how fortunate you are as an American. In Canada it is much easier to sue for defamation. Something can be true but if the lawyer can argue saying the truth is of vicious intent then one can lose.
I, and I’m sure Mike, have been praying for this day.
At last a chance to see just what Dominion has to “defend” itself.
THIS WILL BE VERY INTERESTING. hehehehehe.
I have never owned a ‘My Pillow’, but I hope at least 5 million conservatives will go out and buy at least one. I plan to. We can’t have private citizens targeted for speaking their mind. Hillary called Trump voters ‘deplorables’. Maybe we should have a class action suit against her.
Does anybody know where the case is to be argued? If it’s not in flyover country, he’s in for a rough time.
Something has me wondering: Dominion has never shared it’s records. It’s software is proprietary. How can they claim damages if they can’t prove that their records are clean?
Another thing: how can a corporation claim to be a private entity after it has played such a prominent role in a disputed public function?
Public allegations like this are the only way people can hope to gain access to records hidden by a non-government entity claiming that its proprietary rights shields them from disclosure.
This all stinks of rats.
You mean Lindell’s Triple Top Secret “Data Packets” evidence?
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