Following a hearing Tuesday afternoon, Delaware Superior Court Judge Eric M. Davis’ decision on a motion to dismiss could indicate just how similar Dominion Voting Systems’ claims are as a matter of law against both Newsmax and Fox News networks.

Todd & Weld’s Howard Cooper argued for Newsmax that the two cases, both of which arose from its coverage of Dominion around the 2020 presidential election, are “markedly different,” stating Dominion’s communication with Newsmax prior to coverage was negligible compared to back and forth with Fox employees, falling short of what’s needed to proceed with the case.