My Pillow Legal
Lindell had unsuccessfully asked U.S. District Judge Carl Nichols of Washington, D.C., to allow him to address two legal issues related to the Supreme Court`s landmark 1964 decision in New York Times v. Sullivan, who concluded that there must be evidence of “real malice” for a public figure to sue for defamation. Lindell argues that Dominion is a public figure because it exercises a governmental function in elections and that, therefore, the standard of “real malice” applies. His lawyers argue that because Lindell truly believes in his claims, there was no “real ill will” and that the lawsuit should therefore be dismissed. Dominion also alleges that Lindell participated in a smear marketing campaign against the company to sell more pillows by encouraging the public to purchase MyPillow products after making his allegations of voter fraud and providing promotional codes related to those theories. Monday`s Supreme Court decision is Lindell`s latest defeat in his ongoing legal battle with Dominion and rival election company Smartmatic, which has also sued him for defamation. The courts also moved this case forward, dismissing the counterclaims he filed against the voting companies. Lindell has been one of the biggest purveyors of allegations that voting machines fraudulently “returned” former President Donald Trump`s votes to President Joe Biden in the 2020 election, a claim for which there is no evidence. MyPillow`s CEO has continued to assert his fraud allegations against them despite increasing legal scrutiny. Lindell argued that Smartmatic could not prove actual malice “because Lindell never doubted the veracity of his disputed statements, Lindell`s statements were not inherently improbable, Lindell relied on publicly available information, and some voting machines have flaws.” “Never express doubt” is the legal equivalent of “sometimes false, never uncertain”. This judgment does not entirely settle the case.
The rejection of a motion to dismiss simply means that the case can proceed to the investigation phase. Lindell will have the option to file summary judgment later, and if that doesn`t work, a trial is still pending. Lindell therefore has more opportunities to assert himself, but given the detailed allegations contained in the 131-page complaint, Lindell had better sell a lot of pillows. The damage could be enormous. Lindell, a major seller of televisions for pillows made by his company, is a staunch supporter of former President Donald Trump. “Lindell asserts today, as he has throughout the relevant period, that his statements about Dominion, his voting machines, and the integrity of the tabulation were and are valid, accurate, and true,” Lindell`s attorneys wrote in court documents. Court lets lawsuit move forward against Mike Lindell – Here`s where Dominion`s defamation lawsuits are and Smartmatic (Forbes) The Hill reached out to an attorney for Lindell`s comment. The judges` decision not to hear the case means that a federal judge`s August 2021 decision, which allowed the prosecution to move forward, will remain in effect. Dominion Voting Systems accuses prominent Trump supporter Mike Lindell of promoting baseless allegations of voter fraud The Supreme Court will not hear a lawsuit filed by MyPillow`s CEO against Dominion Voting Systems in the voting machine maker`s defamation lawsuit against him, the court announced Monday, helping to advance the case against him after an appeals court has already ruled against him. Two conservative justices — Clarence Thomas and Neil Gorsuch — have suggested that the 1964 defamation precedent, which makes it harder for public figures to sue for defamation, should be overturned. Dominion Voting Systems filed a $1.3 billion lawsuit in February 2021, accusing Lindell of promoting the debunked conspiracy theory that the company`s machines rigged the vote count in favor of Joe Biden in the 2020 presidential election, which ousted Trump from the Oval Office. “Whatever the judge thinks, that`s his opinion,” Lindell told Bloomberg Law in a phone call.
“I have lawyers who do more important things, like remove these machines from each state.” Dominion`s defamation lawsuit against Lindell, as well as related cases against far-right lawyers Sidney Powell and Rudy Giuliani, are not expected to go to court until late 2023 or early 2024, depending on the judge`s schedule for the cases. Peters, Knisley and Brown are all named as subjects in the Justice Department`s criminal investigation, along with several others. In particular, the court concludes that at least Lindell`s claim against Smartmatic under the support or plea clause falls on the frivolous side of the line (other claims too). Accordingly, the court orders Lindell and his former lawyer to pay a portion of the fees and expenses incurred by Smartmatic in defending itself and seeking sanctions,” he added. The complaint is part of a series of complaints filed by Smartmatic and Dominion after the 2020 election against Trump allies and media outlets that spread false claims about corporate voting systems. The company “reasonably alleged that Lindell made his claims knowing they were false or with reckless disregard for the truth,” Nichols wrote. Dominion sued Lindell and MyPillow in February 2021, seeking $1.3 billion in damages, claiming Lindell deliberately spread the “big lie” that Trump won the 2020 election. Lindell repeatedly repeated unsubstantiated claims that Dominion machines were manipulating the vote count to ensure Joe Biden beat Trump. The allegations have been largely debunked. In the lawsuit, Dominion argues that Lindell knew his claims were false, while Lindell`s lawyers say he truly believes them. The investigation followed a parallel government investigation after passwords for voting equipment were discovered on a right-wing internet blog. Lindell, who also faces a Dominion lawsuit, sued both companies for defamation.
Both cases were dismissed. Smartmatic, a company that provided voting technology and services to Los Angeles during the 2020 election, alleges in the complaint that Lindell and MyPillow defamed the voting technology company by falsely promoting the theory that its machines were hacked or manipulated in favor of President Joe Biden. Lindell is a staunch supporter of former President Donald Trump and has falsely claimed since 2020 that Trump won the election against Biden.