The complaint, which arose out of Fox News’s promotion of vote-rigging conspiracy theories after the 2020 U.S. presidential election, is on track to proceed to trial.

In 2023, Fox settled a similar lawsuit filed by another election systems company, Dominion Voting Systems, for $787.5 million. Before the settlement, Fox had sought to exclude Rupert Murdoch from testifying in person at a trial, but the Delaware judge rejected that request.

Fox Corp, the parent of Fox News Network, failed to convince a New York state appeals court to dismiss a defamation claim in electronic voting systems company Smartmatic's $2.7 billion lawsuit over the network's 2020 post-election coverage.