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quote:
Originally posted by LHeym500:
Irrelevant.

He is responsible for his employees while employees engage in the course of and scope of his employment.

It is called Vicarious liability. Similar to it s hospital hires a doctor. Doctor cut off a foot instead of performing a lumbar fusion.

You hire them. You buy them.

He testified he knew and did not ask them to stop.

Asked whether he could have told Fox News' chief executive and its stars to stop giving airtime to Rudy Giuliani — a key Trump campaign attorney peddling election lies — Murdoch assented. "I could have," Murdoch said. "But I didn't."

https://www.npr.org/2023/02/28...-2020-election-fraud

So, 1) irrelevant if you want to read up on Vicarious Liability and the Law Review Article I provided (Case Law is clear media is responsible), and B) shows Fox News Knowledge of falsity.


This Fox case is more than vicarious liability. An employer is liable for negligent acts of their employees even if the employer had no reason to anticipate the negligent act, and even if the employer took active steps, like training and close supervision, to guard against negligence. The employer is liable even if they're a good guy. If the employer fails to take steps to prevent negligent acts by their employees, the employer may have committed an independent act of negligence.

Here, Fox News is not a good guy. Vicarious liability may have been alleged by the plaintiff, but in my mind this is not a negligence case. From the reports I've seen, Fox committed intentional torts. (One can be guilty of both negligence and an intentional tort.) Defamation, interference with actual or prospective business--these are intentional torts.

Fox gave its consent to the false and defamatory statements by failing to object and/or direct its employees not to make the false statements. Fox was fully exposed to the plaintiff's damages.

As for the amount of the settlement, maybe Murdoch likes to give money away. Maybe if you write to him, he'll send you some money too!
 
Posts: 6164 | Location: Coeur d' Alene, Idaho, USA | Registered: 08 March 2013Reply With Quote
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quote:
Originally posted by MJines:
Ironic isn’t it. Those here that are the most vociferous about the lying media and the stolen election disappear like roaches when a light comes on when their media oracle admits that it fed them bullshit burgers for months about election fraud. The stench of hypocrisy is overwhelming.


Ironic and pathetic at the same time.
 
Posts: 3770 | Location: Boulder Colorado | Registered: 27 February 2004Reply With Quote
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I read Murdoch can write off the payment as an expense. And he could save over 200 million in taxes. What a friggin joke our tax laws are.
This wasnt even his biggest payout. In 1999 he settled with one of his ex wives for 1.2 billion. Eeker
 
Posts: 6936 | Registered: 10 April 2009Reply With Quote
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posted Hide Post
quote:
Originally posted by MJines:
quote:
Originally posted by crbutler:

I would question did Fox News tell Hannity et al to lie, or did they turn a blind eye to it? Big difference in my mind.



No difference in my mind. Fox News puts people on the air, they pay them to perform on air, they are responsible for the actions of those employees on the air. Just another example of you trying to sound balanced and reasonable but instead sounding like the apologist that I believe you are.


Oh, I have no doubt that legally it makes no difference, as from a trial/plaintiff’s lawyer’s position you get a lot more money that way. 40 plus percent of more than 3/4 billion dollars.

You are kind of proving to me that you are nowhere near as reasonable as you try to claim.

I don’t deny that Murdoch has some responsibility. Yes, he has made some (lots) of money on using Hannity et al as profit generating sources.

Murdoch put these clowns out and gave them a pulpit. I would rather that Sean Hannity et al had been put on trial, made to say why they did what they did, lose all the incredible wealth they made doing it, and he publicly humiliated. I’m not saying I have an issue with Rupert Murdoch being held responsible to some extent, but the folks being enriched in the name of this punishment are getting more than they deserve, and the folks actually responsible (the ones who used their position of trust with the audience) are not getting any direct punishment.

If it’s punishment, then the people who are most responsible should pay the heaviest price.

In the case of the doctor who cuts off the wrong foot, he is held personally liable and his malpractice insurance pays, he pays something in increased bills, and if he was radically negligent, he is legally charged. The hospital pays a large chunk of money because they have it, and should have “known better” than to hire the guy.

I think your beloved leftist media has done a lot of the same as well, just they don’t have as deep of pockets, and thus the good trial lawyers haven’t gone after them as well.

Personally, while I have heard Hannity and Ingram (and Giuliani) the only one who went massively downhill in this whole debacle to me was Giuliani. I did have some trust in the man, and now have none. The others? Not so much so. I have never understood Hannity’s popularity. He’s a dumb, unentertaining, poor copy of Rush Limbaugh with less fat and better hair.
 
Posts: 10666 | Location: Minnesota USA | Registered: 15 June 2007Reply With Quote
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https://finance.yahoo.com/news...787-5-101235183.html


Give me a home where the buffalo roam and I'll show you a house full of buffalo shit.
 
Posts: 1217 | Location: IOWA | Registered: 27 October 2018Reply With Quote
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posted Hide Post
quote:
Originally posted by crbutler:
quote:
Originally posted by MJines:
quote:
Originally posted by crbutler:

I would question did Fox News tell Hannity et al to lie, or did they turn a blind eye to it? Big difference in my mind.



No difference in my mind. Fox News puts people on the air, they pay them to perform on air, they are responsible for the actions of those employees on the air. Just another example of you trying to sound balanced and reasonable but instead sounding like the apologist that I believe you are.


Oh, I have no doubt that legally it makes no difference, as from a trial/plaintiff’s lawyer’s position you get a lot more money that way. 40 plus percent of more than 3/4 billion dollars.

You are kind of proving to me that you are nowhere near as reasonable as you try to claim.

I don’t deny that Murdoch has some responsibility. Yes, he has made some (lots) of money on using Hannity et al as profit generating sources.

Murdoch put these clowns out and gave them a pulpit. I would rather that Sean Hannity et al had been put on trial, made to say why they did what they did, lose all the incredible wealth they made doing it, and he publicly humiliated. I’m not saying I have an issue with Rupert Murdoch being held responsible to some extent, but the folks being enriched in the name of this punishment are getting more than they deserve, and the folks actually responsible (the ones who used their position of trust with the audience) are not getting any direct punishment.

If it’s punishment, then the people who are most responsible should pay the heaviest price.

In the case of the doctor who cuts off the wrong foot, he is held personally liable and his malpractice insurance pays, he pays something in increased bills, and if he was radically negligent, he is legally charged. The hospital pays a large chunk of money because they have it, and should have “known better” than to hire the guy.

I think your beloved leftist media has done a lot of the same as well, just they don’t have as deep of pockets, and thus the good trial lawyers haven’t gone after them as well.

Personally, while I have heard Hannity and Ingram (and Giuliani) the only one who went massively downhill in this whole debacle to me was Giuliani. I did have some trust in the man, and now have none. The others? Not so much so. I have never understood Hannity’s popularity. He’s a dumb, unentertaining, poor copy of Rush Limbaugh with less fat and better hair.


You say all kinds of shit with zero factual basis or knowledge.

You keep saying that Dominion is getting more than they deserve? What do you know about Dominion's damage model that was going to be presented to the jury?

Nothing? Right?

It's entirely possible that a jury might have given Dominion far more than the settlement and perhaps even more than Dominion was asking for in light of the egregious nature of FOX's misconduct.

As for your continual efforts to equate FOX with what you call the "leftist media", let the lawsuits begin. But, I will tell you right now that they won't because you are, once again, drawing a false equivalency between the media you disagree with and the media that you rely on to enforce the right-wing views you already hold: that would be FOX.


-Every damn thing is your own fault if you are any good.

 
Posts: 15134 | Registered: 20 September 2012Reply With Quote
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" Staple Street spent just under $39 million to acquire a roughly 76% stake in Dominion Voting Technology in 2018 — a good two years before the Denver-based voting tech company would become a target of the far-right’s conspiracy theories, and well before Dominion became the David to Fox New’s Goliath when it brought the defamation charges.

The settlement is roughly 20 times the amount Staple Street paid for its Dominion stake, according to Reuters. "
 
Posts: 15883 | Location: Iowa | Registered: 10 April 2007Reply With Quote
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quote:
Oh, I have no doubt that legally it makes no difference, as from a trial/plaintiff’s lawyer’s position you get a lot more money that way. 40 plus percent of more than 3/4 billion dollars.



There is no way that Dominion would have agreed to legal fees that rich. That would be over 300 million. Ain't happening.
 
Posts: 15883 | Location: Iowa | Registered: 10 April 2007Reply With Quote
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Yeah, everybody that keeps assuming that Dominion's lawyers have the case on a contingency fee are probably correct but I haven't seen anything about that one way or the other. I'm guessing that it is a contingency since it was Susman Godfrey but I doubt it was 40%. Commercial cases usually have lesser contingent fees because of the enormity of the potential damages. Or, it may have been some sort of hybrid arrangement. I've seen cases where the lawyers work at a reduced hourly fee and take a smaller percentage.

It's going to be a lot either way. And, it should be.


-Every damn thing is your own fault if you are any good.

 
Posts: 15134 | Registered: 20 September 2012Reply With Quote
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quote:
Originally posted by Mike Mitchell:
Yeah, everybody that keeps assuming that Dominion's lawyers have the case on a contingency fee are probably correct but I haven't seen anything about that one way or the other. I'm guessing that it is a contingency since it was Susman Godfrey but I doubt it was 40%. Commercial cases usually have lesser contingent fees because of the enormity of the potential damages. Or, it may have been some sort of hybrid arrangement. I've seen cases where the lawyers work at a reduced hourly fee and take a smaller percentage.

It's going to be a lot either way. And, it should be.


Apparently a lot of it is tax deductible to Fox so that lessens the pain somewhat.


https://news.yahoo.com/fox-mas...t-tax-013726208.html


Give me a home where the buffalo roam and I'll show you a house full of buffalo shit.
 
Posts: 1217 | Location: IOWA | Registered: 27 October 2018Reply With Quote
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Picture of Huvius
posted Hide Post
quote:
Do you think Dominion will be selling many voting machines in Red States moving forward? My bet is due to this false narrative, Dominion has lost a large market share that they once had a chance of selling to. That looks like damage to me.



Dominion's highest revenue year EVER was 2022 and they made a whopping $17.5M.

The settlement is 45 times that amount!
45 years of equivalent revenue sounds pretty damn punitive to me even if FoxNews made $4B last year.

CNN isn't immune to settling litigation either.
Sandmann cost them something like $250M, $76M for a past labor dispute and just wait until St. Mary's Medical Center and Dr. Michael Black get their pounds of CNN flesh.

This all stems from so called "news sources" switching to opinion/entertainment entirely or some hybrid programming.
I'd like the real factual news from SOMEBODY but it looks like that is simply impossible these days...
 
Posts: 3239 | Location: Colorado U.S.A. | Registered: 24 December 2004Reply With Quote
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First off, I don’t rely on Fox.

Secondly, as Wymple posted below, if they spent under $39 million for 76% of the company, no way it is worth that kind of a damage finding for it. Heck, the legal case is advertising for them, not defamation, as now they have court proof their system works.

Logically, their actual damages are minimal in comparison. Maybe they came up with something claiming more, but actual damages?

I would agree that if they went to trial, the odds of getting a larger amount would definitely be there. Settlement does not mean they were correct.

Heck, how much does the country pay to have ballots counted now? If dominion was paid a total of 118 million over 3 years to administer elections (per Forbes) I really don’t get where they got that kind of estimate. $40 million in gross revenue a year.

20 years total revenues?

16 times the company’s purchased total value 2 years prior to the event?

I’d call that amount BS. And they asked for more than twice that.

This is an example of the legal lottery.

No clue? Maybe not from a plaintiff’s bar perspective, but from a business perspective I have no clue?

I get that Murdoch settled. They could have lost a lot more with the wrong attorney and jury. But no way you can justify that kind of money for actual damages.

I get trying to punish.

I’m not against punishment, and to some extent Fox deserves to be punished for this.

But the talking heads babbling this stuff need punishment more than Fox News corp does.


quote:
Originally posted by Mike Mitchell:
quote:
Originally posted by crbutler:
quote:
Originally posted by MJines:
quote:
Originally posted by crbutler:

I would question did Fox News tell Hannity et al to lie, or did they turn a blind eye to it? Big difference in my mind.



No difference in my mind. Fox News puts people on the air, they pay them to perform on air, they are responsible for the actions of those employees on the air. Just another example of you trying to sound balanced and reasonable but instead sounding like the apologist that I believe you are.


Oh, I have no doubt that legally it makes no difference, as from a trial/plaintiff’s lawyer’s position you get a lot more money that way. 40 plus percent of more than 3/4 billion dollars.

You are kind of proving to me that you are nowhere near as reasonable as you try to claim.

I don’t deny that Murdoch has some responsibility. Yes, he has made some (lots) of money on using Hannity et al as profit generating sources.

Murdoch put these clowns out and gave them a pulpit. I would rather that Sean Hannity et al had been put on trial, made to say why they did what they did, lose all the incredible wealth they made doing it, and he publicly humiliated. I’m not saying I have an issue with Rupert Murdoch being held responsible to some extent, but the folks being enriched in the name of this punishment are getting more than they deserve, and the folks actually responsible (the ones who used their position of trust with the audience) are not getting any direct punishment.

If it’s punishment, then the people who are most responsible should pay the heaviest price.

In the case of the doctor who cuts off the wrong foot, he is held personally liable and his malpractice insurance pays, he pays something in increased bills, and if he was radically negligent, he is legally charged. The hospital pays a large chunk of money because they have it, and should have “known better” than to hire the guy.

I think your beloved leftist media has done a lot of the same as well, just they don’t have as deep of pockets, and thus the good trial lawyers haven’t gone after them as well.

Personally, while I have heard Hannity and Ingram (and Giuliani) the only one who went massively downhill in this whole debacle to me was Giuliani. I did have some trust in the man, and now have none. The others? Not so much so. I have never understood Hannity’s popularity. He’s a dumb, unentertaining, poor copy of Rush Limbaugh with less fat and better hair.


You say all kinds of shit with zero factual basis or knowledge.

You keep saying that Dominion is getting more than they deserve? What do you know about Dominion's damage model that was going to be presented to the jury?

Nothing? Right?

It's entirely possible that a jury might have given Dominion far more than the settlement and perhaps even more than Dominion was asking for in light of the egregious nature of FOX's misconduct.

As for your continual efforts to equate FOX with what you call the "leftist media", let the lawsuits begin. But, I will tell you right now that they won't because you are, once again, drawing a false equivalency between the media you disagree with and the media that you rely on to enforce the right-wing views you already hold: that would be FOX.
 
Posts: 10666 | Location: Minnesota USA | Registered: 15 June 2007Reply With Quote
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Picture of Huvius
posted Hide Post
A lot of weird earnings info all over.

"In their Dunn & Bradstreet filings, Dominion claimed annual sales of $36.5 million with contracts in 22 states and 600 local jurisdictions. However, the Penn Wharton Public Policy Initiative estimated that Dominion was in 1,645 jurisdictions with $100 million in annual revenues (2018)."

Claim $36M with an estimated revenue of $100M?
What does that even mean?


https://growjo.com/company/Dominion_Voting

https://www.zippia.com/dominio...ers-1569241/revenue/

https://www.forbes.com/sites/a...019/?sh=125bbdc5620f
 
Posts: 3239 | Location: Colorado U.S.A. | Registered: 24 December 2004Reply With Quote
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10x or 100x, it wasn't enough.
 
Posts: 15883 | Location: Iowa | Registered: 10 April 2007Reply With Quote
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Picture of jdollar
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For sure high punitive damages were called for and justified. Lies on a massive scale should have massive consequences. tu2


Vote Trump- Putin’s best friend…
 
Posts: 13177 | Location: Georgia | Registered: 28 October 2006Reply With Quote
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