NorthWest Biotherapeutics Inc (NWBO)

[pqr]

ilt- Lawyers break legal claims into “elements” - what must be proved to prevail (or defend). To prove defamation against a non-public figure or news organization the elements are: 1) a false statement purporting to be fact (an opinion cannot be “true”or “false” and therefore cannot be defamatory); 2) publication or communication; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject of the false statement. In a claim against a public figure or news organization element #3 is replaced by a requirement that the defendant KNEW at the time of the making of the false statement that it was false OR
it was made maliciously (bad purpose - intended to cause injury) or with “reckless disregard” - the maker made no effort to ensure that the false statement was not false. The judge in Dominion decided that no reasonable person (juror) could conclude that Fox’s reporting was not false. So Dominion doesn’t have to present evidence to a jury of the falsity of its reporting. Only the other 3 elements. Still has to prove reckless disregard tho some commentators thought judge could make that finding as well and not require proof. But I doubt Dominion was upset bc those proofs will be all the embarrassing internal Fox texts and emails. This is likely to really pi$$ off the jurors. Continued…