The complaint, which arose out of Fox News’s promotion of vote-rigging conspiracy theories after the 2020 U.S. presidential election, is on track to proceed to trial.

In its initial 2024 complaint, Smartmatic accused Fox News of making “over 100 false statements and implications” about the company. Judges wrote this week that Smartmatic's claims that Fox News ran “a disinformation campaign in [its] post-election coverage” were enough to warrant a trial.

Fox Corp, the parent of Fox News Network, failed to convince a New York state appeals court to dismiss a defamation claim in electronic voting systems company Smartmatic's $2.7 billion lawsuit over the network's 2020 post-election coverage.