Newsmax and Smartmatic settle 2020 election defamation case on eve of trial

CNN Business · Patrick T. Fallon/AFP/Getty Images

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The pro-Trump cable outlet Newsmax and voting technology company Smartmatic settled a major defamation lawsuit Thursday in a last-minute agreement, averting a high-stakes trial over the airing of false 2020 election claims.

The terms of the settlement were not immediately known. The deal comes hours after jury selection got underway in a Wilmington, Delaware, courtroom ahead of opening statements scheduled for Monday. The parties, and a court official, announced the settlement Thursday afternoon.

“Newsmax is pleased to announce it has resolved the litigation brought by Smartmatic through a confidential settlement,” the network said in a statement.

Smartmatic lawyer Erik Connolly said in a statement that the company was “very pleased to have secured the completion” of the Newsmax case.

“Lying to the American people has consequences,” Connolly said. “Smartmatic will not stop until the perpetrators are held accountable.”

The closely watched trial would have been the first of several high-profile lawsuits filed against right-wing media companies in the wake of the 2020 election to reach a jury – and was set to determine whether Newsmax defamed Smartmatic by airing false claims the company’s machines had rigged the results against Donald Trump.

Newsmax denied wrongdoing and said its coverage was protected by the First Amendment.

After previous negotiations fizzled out, settlement talks heated up Thursday morning. While jury selection was underway, members of both sides’ legal teams were notably not in the courtroom as they privately hammered out a deal, a person familiar with the matter told CNN.

A loss at trial could have put Newsmax on the hook to pay tens of millions of dollars to Smartmatic, putting the small cable channel in financial peril.

“This is a case that is a bet-your-company case for Newsmax,” Howard Cooper, an attorney for the network, said at a recent pretrial hearing.

But in the run-up to the trial, Smartmatic’s hand weakened significantly, further raising the possibility of a settlement.

Smartmatic has claimed that the lies promoted by Newsmax, Fox News, and other Trump allies destroyed its reputation and cost the company billions of dollars. However, as the Newsmax trial approached, Smartmatic’s lawyers reduced the company’s damages claim to approximately $370 million, lowering their demands by about $1 billion, according to statements from both parties.

This drop was spurred in part by Delaware Superior Court Judge Eric Davis, who ruled Monday that Smartmatic could only seek compensation for provable losses, eliminating the possibility of additional “punitive damages” that might result in an eye-popping damages award.