Small Matter

What Smaller Defamation Plaintiffs Can Learn from Dominion’s Big Cases

Hannah Scott -

When Dominion Voting Systems filed a wave of defamation lawsuits in early 2021, the stakes were enormous: billion-dollar claims, nationally televised hearings, and front-page settlements. Most people and small businesses will never litigate at that scale. But the path Dominion followed still holds important lessons for smaller plaintiffs—ordinary people, family businesses, and nonprofits—who face reputational harm from false statements.

1. Meticulous pleadings matter

From the outset, Dominion’s complaints were unusually detailed. They named who said what, when, where, and why it was false. For smaller plaintiffs, this is a reminder that specificity is power: your complaint should connect each allegedly false statement to evidence of falsity and harm. Vague allegations are easier for a judge to dismiss.

2. Early procedural wins set the tone

Dominion survived multiple motions to dismiss. That alone was a significant victory: it forced defendants into discovery, where the real leverage came. Smaller plaintiffs should understand that clearing the first hurdle—convincing the judge your case deserves to be heard—is often half the battle.

3. Discovery is leverage

The turning point in Dominion’s cases came from discovery. Internal emails and texts contradicted defendants’ public statements and supported the high bar of “actual malice.” Smaller plaintiffs may not have access to million-dollar discovery teams, but even modest evidence—screenshots, text messages, metadata—can serve the same function: showing what the defendant knew and when.

4. Settlements can be victories

Dominion never went to a jury verdict. Instead, it walked away with a historic set of settlements: $787.5 million from Fox, $67 million from Newsmax, and confidential deals with others. For smaller plaintiffs, the lesson is that you don’t need a dramatic trial win to succeed. A well-timed settlement can restore reputation, bring closure, and avoid years of additional costs.

5. Cost/benefit thinking is crucial

Dominion likely netted between $570–$625 million after attorney fees and litigation costs. That sounds massive, but they still argue reputational damage persists and some business may never recover. Smaller plaintiffs should take note: even a “win” doesn’t erase all harm. Lawsuits are about mitigating damage, not turning back time.

6. Judges’ rulings can tip the scales

The biggest inflection point came in March 2023, when a Delaware judge ruled it was “crystal clear” Dominion had been defamed. With falsity already decided, Fox faced a jury trial focused only on malice and damages—a nightmare scenario. For smaller plaintiffs, this shows that well-argued pretrial motions can lock in key findings that shift settlement leverage in your favor.

Dominion’s litigation doubled as a public defense of its integrity. Even before settlements, the lawsuits themselves reframed Dominion as a victim of misinformation rather than a shady operator. For smaller plaintiffs, this is a reminder that how you talk about the case publicly can shape perceptions as much as the filings themselves.

Final Takeaway

Dominion’s cases were extraordinary in scale, but the lessons translate:

  • Be precise.
  • Aim for early wins.
  • Use discovery wisely.
  • Treat settlement as success, not surrender.
  • Calculate costs and benefits.
  • Don’t ignore the court of public opinion.

For smaller plaintiffs, these strategies won’t guarantee a nine-figure payout—but they can mean the difference between a dismissed case and meaningful vindication.

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