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Politics Fact check: Dominion Voting Systems did not lose its lawsuits against Giuliani and Powell

01:10  24 november  2021
01:10  24 november  2021 Source:   usatoday.com

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The claim: Dominion lost its lawsuits against Rudy Giuliani and Sidney Powell on Nov. 19

In this Nov. 19, 2020 file photo, Sidney Powell, right, speaks next to former Mayor of New York Rudy Giuliani, as members of President Donald Trump's legal team, during a news conference at the Republican National Committee headquarters in Washington. On Friday, June 4, 2021, The Associated Press reported on stories circulating online incorrectly asserting election technology firm Dominion Voting Systems lost its lawsuits against Powell and Giuliani. Dominion’s defamation lawsuits against the pair are ongoing, according to legal records. © Jacquelyn Martin, AP In this Nov. 19, 2020 file photo, Sidney Powell, right, speaks next to former Mayor of New York Rudy Giuliani, as members of President Donald Trump's legal team, during a news conference at the Republican National Committee headquarters in Washington. On Friday, June 4, 2021, The Associated Press reported on stories circulating online incorrectly asserting election technology firm Dominion Voting Systems lost its lawsuits against Powell and Giuliani. Dominion’s defamation lawsuits against the pair are ongoing, according to legal records.

Dominion Voting Systems filed billion-dollar defamation lawsuits in January against attorney Sidney Powell and former New York Mayor Rudy Giuliani – allies of former President Donald Trump – who spread baseless claims that the company rigged the 2020 presidential election.

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Conspiracy theories and false claims targeting Dominion, a private company supplying voting systems in 28 states, were repeatedly promoted on social media and on One America News Network and Newsmax, conservative television networks who are also accused of spreading misinformation in lawsuits filed by the company.

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Following reports that Dominion would be taking action against Fox Corporation executives, posts surfaced claiming the company lost a separate legal battle on Nov. 19.

“Hold on….Dominion lost their lawsuit to Rudy Gulliani (sic) and Sidney Powell Today!!” reads a screenshot of a Nov. 19 tweet that was shared to Facebook, which generated more than 200 reactions in a few days.

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Similar versions of the claim recently made their way to Twitter, where some users questioned the authenticity of the tweet. “Source? I can't find anything on the net, so I doubt this is true,” one user replied.

Indeed, there's no truth to this. USA TODAY debunked a claim in June that Dominion's lawsuits against Giuliani and Powell were resolved, and while there have been developments since then, the cases remain open.

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The user who shared the Facebook post did not return a request for comment.

Lawsuits are ongoing, legal records show

Dominion filed its lawsuit against Giuliani on Jan. 25, saying in a press release at the time that he "actively propagated disinformation to purposefully mislead voters." It filed a lawsuit against Powell on Jan. 8 over unfounded claims that the company rigged the 2020 election.

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There is no evidence widespread election fraud took place in the 2020 election, which election security officials described as “the most secure in American history.” Claims that Dominion’s voting machines “flipped votes” to President Joe Biden were proven baseless.

The cases against Giuliani and Powell are still active as of Nov. 23, according to courlistener.com, a site run by nonprofit The Free Law Project.

Kay Stimson, a spokeswoman for Dominion, also told USA TODAY via email the claim is false and that "both lawsuits are ongoing."

In August, U.S. District Judge Carl Nichols allowed the defamation lawsuits to proceed, denying requests from Powell and Giuliani to dismiss the cases amid arguments that their statements were protected opinions.

“As an initial matter, there is no blanket immunity for statements that are ‘political’ in nature,” Nichols wrote in his ruling. The judge rejected arguments from Giuliani that Dominion may “only recover lost profits” and said the company’s complaint alleges lost profits with “adequate specificity.”

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Fact check: What's true about the 2020 election, vote counting, Electoral College

Powell filed a countersuit against Dominion on Sept. 24 seeking $10 million in damages, alleging the court lacks personal jurisdiction and that the company “assumed the risk of unfair and even false criticism” by entering the public arena. Dominion asked a D.C. federal judge to dismiss Powell’s counterclaim on Nov. 15.

Our rating: False

Based on our research, we rate FALSE the claim that Dominion lost its lawsuits against Giuliani and Powell on Nov. 19. Court records show the cases are still active and ongoing, and a spokesperson for Dominion confirmed the cases are still open. In August, a judge rejected requests from the defendants that the lawsuits be dismissed.

Our fact-check sources:

  • USA TODAY, June 2, Fact check: False claim that Rudy Giuliani, Sidney Powell prevailed in Dominion lawsuits
  • United States District Court for the District of Columbia, Jan. 25, Complaint in Dominion Inc. v. Rudolph W. Giuliani
  • United States District Court for the District of Columbia, Jan. 8, Complaint in Dominion Inc. v. Sidney Powell
  • Court Listener, accessed Nov. 22, Docket in US Dominion, Inc. v. Powell
  • Court Listener, accessed Nov. 19, Docket in US Dominion, Inc v. Giuliani
  • Associated Press, Aug. 12, Judge rules Dominion case can proceed against Trump allies
  • Justia, Aug. 11, MEMORANDUM AND OPINION. Signed by Judge Carl J. Nichols on August 11, 2021.
  • United States District Court for the District of Columbia, Sept. 25, Answer and Counterclaim in US Dominion, Inc., Dominion Voting Systems, Inc., and Dominion Voting Systems Corporation, v. Sidney Powell, Sidney Powell, P.C., and Defending the Republic Inc.
  • Law360, Nov. 16, Dominion Voting Wants Pro-Trump Atty's Counterclaim Axed
  • PacerMonitor, accessed Nov. 22, US Dominion, Inc. et al v. Powell et al
  • Dominion Voting, Jan. 25, Dominion files defamation Suit Against Rudy Giuliani
  • Dominion Voting, Jan. 8, Dominion files defamation suit against Sidney Powell
  • USA TODAY, Nov. 12, Election security officials: 'No evidence voting systems compromised'
  • USA TODAY, Nov. 14, Fact check: Dominion voting machines didn't delete votes from Trump, switch them to Biden
  • Kay Stimson, Nov. 22, Email exchange with USA TODAY

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This article originally appeared on USA TODAY: Fact check: Dominion Voting Systems did not lose its lawsuits against Giuliani and Powell

Lawyers Who Pushed Election Fraud Ordered to Pay $180K Legal Costs for Dominion, Facebook .
Election officials in four swing states were also named in the suit and will be receiving penalties from attorneys Gary D. Fielder and Ernest J. Walker , AP reported.U.S. Magistrate Judge N. Reid Neureiter first ruled in August that the two lawyers should pay penalties, writing that their lawsuit "put into or repeated into the public record highly inflammatory and damaging allegations that could have put individuals' safety in danger.""Doing so without a valid legal basis or serious independent personal investigation into the facts was the height of recklessness," he added.

usr: 1
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