Plaintiff Smartmatic USA Corp. (SUSA), an electronic voting machine company, brought a defamation action against Fox News alleging that, to boost ratings by capitalizing on the popularity of former President Donald Trump, defendants fabricated a story that the election was stolen.
A key part of the alleged fabrication was that plaintiff software caused Trump to lose the election. Plaintiffs argued that, although defendants claimed they had evidence that SUSA committed election fraud, such statements were blatantly false.
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