Topline
Voting machine company Smartmatic sued MyPillow and its CEO Mike Lindell for defamation Tuesday, bringing the total number of lawsuits it and rival company Dominion Voting Systems have filed over baseless election fraud claims about their voting machines to 11. Here’s everyone who has been sued so far, and who could face litigation next:
Key Facts
Smartmatic sued Lindell and MyPillow for defamation and deceptive trade practices in federal court, alleging the CEO spread “lies” about the company and “intentionally stoked the fires of xenophobia and party-divide for the noble purpose of selling his pillows.”
Smartmatic previously sued One America News Network (OANN) in federal court and Newsmax in Delaware state court in November, alleging both networks “reported a lie” and spread fraud claims about the company—whose machines were only used in California in 2020—knowing they were false.
Smartmatic filed its first lawsuit in February against far-right attorneys Sidney Powell and Rudy Giuliani, Fox News and several of its anchors in New York state court, which alleges the defendants “engaged in a conspiracy to spread disinformation about Smartmatic” and “knowingly and intentionally” lied about the company.
Denver-based Dominion sued OANN and anchors Chanel Rion and Christina Bobb in federal court and Newsmax in Delaware state court in August, alleging the two far-right networks promoted fraud allegations on their network knowing they were false and “helped create and cultivate an alternate reality where up is down, pigs have wings, and Dominion engaged in a colossal fraud to steal the presidency from Donald Trump by rigging the vote.”
Dominion sued former Overstock CEO Patrick Byrne, who has become known for spreading election conspiracy theories after stepping down from Overstock in 2019, alleging the businessman “manufactured and promoted fake evidence to convince the world that the 2020 election had been stolen” using Dominion voting machines, and accused him of doing so in order to boost his own investments in blockchain voting technology.
Dominion filed its first lawsuit in January against pro-Trump attorney Sidney Powell, who has been the most prominent person spreading the fraud claims, seeking $1.3 billion in damages.
It filed suit later in the month against Trump attorney Rudy Giuliani, alleging he used the conspiracy theory about Dominion’s machines to personally “enrich himself” while knowing the claims were false.
Dominion made similar allegations against Lindell, suing the businessman and his company in February and claiming the CEO “sells the lie” involving the company’s voting machines “because the lie sells pillows.”
Dominion sued Fox News in March alleging the network had knowingly spread false news about its machines to improve failing ratings, saying they had “set out to lure viewers back…by intentionally and falsely blaming Dominion” for President Donald Trump’s loss.
What To Watch For
Dominion has identified more than 150 people as potential targets of litigation, and it has sent letters to preserve evidence and warning of potential litigation to right-wing figures including pro-Trump attorney Lin Wood, Fox News anchors and Melissa Carone, who Giuliani has promoted as a witness to supposed voter fraud efforts. The company sent letters to social media networks in February asking them to preserve posts from Trump and his campaign, as well as from Trump allies including former Trump advisor Michael Flynn, Fox anchor Jeanine Pirro, Trump campaign attorney Jenna Ellis and far-right political commentator Dan Bongino. Dominion attorney Stephen Shackelford confirmed to reporters in August the company is still considering bringing additional lawsuits, saying the company is “still exploring options” as to how to hold others accountable and has “not ruled out other parties.”
Big Number
$1.6 billion. That’s approximately how much Dominion is asking for in damages against Byrne, OANN, Newsmax and Fox News. Its lawsuits against Powell, Giuliani and Lindell are each seeking $1.3 billion in damages. Smartmatic’s Fox News lawsuit is seeking $2.7 billion in damages, but its OANN, Newsmax and Lindell complaints do not specify exact figures.
Chief Critics
Those sued have largely remained defiant, and Newsmax said in a statement Wednesday the network “reported accurately on allegations made by well-known public figures.” Newsmax has argued both Dominion and Smartmatic’s lawsuits are “a clear attempt to squelch the rights of a free press.” Fox News said in a statement after it was sued the network “is proud of our 2020 election coverage” and would “vigorously defend” themselves against the litigation, Giuliani said the lawsuit against him was “another act of intimidation by the hate-filled left-wing” and Lindell said he “welcomed” Dominion’s lawsuit, telling Forbes before it was filed, “Dominion, please sue me.” Powell, Giuliani, Lindell and Fox News have all filed to dismiss their lawsuits, though a federal judge rejected Powell, Giuliani and Lindell’s motions in August.
Key Background
The companies’ voting machines are at the heart of a right-wing conspiracy theory alleging they were used to fraudulently flip votes from Trump to Joe Biden, which is not substantiated by evidence. Dominion says that the claims have substantially hurt its business and put its employees in danger. The voting company controls about 30% of the U.S. market, according to data cited by ProPublica in 2019—making it the second-largest business of its kind in the country—and said in its Fox News lawsuit that it has contracts with 28 states. Business analytics firm Dun & Bradstreet estimated the company’s 2021 annual revenue will be $40.15 million, though the company alleges it has lost out on state contracts over the fraud claims, including a $10 million contract in Stark County, Ohio, and a $100 million contract in Louisiana. London-based Smartmatic’s machines were only used in Los Angeles County in the 2020 election, though CEO told Antonio Mugica told Forbes the company has ambitions to expand further in the U.S. The company alleged in its complaints Wednesday the fraud claims have caused Smartmatic to lose more than $2 billion in valuation since the 2020 election, going from more than $3 billion to less than $1 billion, though Forbes has independently valued Smartmatic at an estimated $730 million.
Further Reading
Voting Company Smartmatic Sues MyPillow CEO Mike Lindell For Defamation (Forbes)
Voting Company Smartmatic Sues One America News And Newsmax For Defamation Over Election Fraud Claims (Forbes)
Dominion Sues Newsmax, OANN And Ex-Overstock CEO Byrne In New Defamation Suits Over Election Conspiracy Theory (Forbes)
Dominion Voting Sues Sidney Powell For Defamation Over Election Conspiracy—And Others May Be Next (Forbes)
Dominion Voting Sues Rudy Giuliani For $1.3 Billion Over Election Conspiracy (Forbes)
Dominion Voting Sues MyPillow CEO Mike Lindell For Defamation Over Election Conspiracy (Forbes)
Source: https://www.forbes.com/sites/alisondurkee/2022/01/18/after-lawsuit-against-mypillow-ceo-mike-lindell-heres-who-dominion-and-smartmatic-have-sued-so-far-and-who-could-be-next/