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Judge Rules Out Punitive Damages in Smartmatic Defamation Case Against Newsmax

The Delaware court decision limits potential financial recovery for Smartmatic in the upcoming trial over 2020 election defamation claims.

  • Superior Court Judge Eric Davis ruled that Smartmatic cannot seek punitive damages from Newsmax in the defamation lawsuit.
  • The ruling is based on Florida law, which requires proof of both actual malice and express malice for punitive damages.
  • Smartmatic alleges that Newsmax aired false claims that its voting machines were used to rig the 2020 election results.
  • Newsmax argues it was reporting on newsworthy allegations made by Trump allies and claims protection under Florida's neutral reporting privilege.
  • The trial will proceed with the jury determining if Newsmax acted with actual malice, but punitive damages will not be considered.
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