Django wrote:Anybody seen our ratings this year? Curious to see how the UCONN - Creighton game did last Saturday on big Fox.
FenwayFriar wrote:NBCSN will no longer exist by 2022. Maybe A10 basketball coming to FS1/FS2 in the future? Pretty sure that's the only cbb they air.
https://www.sportsbusinessdaily.com/SB-Blogs/Breaking-News/2021/01/NBCSN.aspx
Fox Sports is the sports programming division of the Fox Corporation that is responsible for sports broadcasts carried by the Fox broadcast network, Fox Sports 1 (FS1), Fox Sports 2 (FS2), and the Fox Sports Radio network.
Fox Corporation is an American mass media company headquartered in New York City. The company was formed in 2019 as a result of the acquisition of 21st Century Fox by The Walt Disney Company; the assets that were not acquired by Disney were spun off from 21st Century Fox as the new Fox Corporation. The company deals primarily in the television broadcast, news, and sports, including Fox News and Fox Sports.
Fox News is an American multinational conservative cable news television channel based in New York City. It is owned by the Fox Corporation.
Smartmatic Corp. is a multinational company that builds and implements electronic voting systems.
Smartmatic accused Rupert Murdoch’s network of promoting a false narrative about the 2020 election that damaged the company.
Filed in New York State Supreme Court, Smartmatic’s suit seeks at least $2.7 billion in damages. In addition to Mr. Murdoch’s Fox Corporation, Fox News and the three star anchors, it targets Rudolph W. Giuliani and Sidney Powell, lawyers who made the case for election fraud as frequent guests on Fox programs while representing President Trump.
In its 276-page complaint, Smartmatic, which has requested a jury trial, argues that Mr. Giuliani and Ms. Powell “created a story about Smartmatic” and that “Fox joined the conspiracy to defame and disparage Smartmatic and its election technology and software.” In its complaint, Smartmatic said Fox programs became a venue for a number of falsehoods about the company in the weeks after the election, a time when powerful Republicans in Congress were sowing doubts about the vote’s outcome.
“Fox is responsible for this disinformation campaign, which has damaged democracy worldwide and irreparably harmed Smartmatic and other stakeholders who contribute to modern elections,” Smartmatic chief executive Antonio Mugica said in a statement announcing the lawsuit.
The company said it has identified “100 false statements and implications” about Smartmatic and its services made on Fox’s programs.
"This is the definition of defamation."
That's what CNN senior legal analyst Laura Coates told Erin Burnett Thursday night when discussing Smartmatic's $2.7 billion defamation lawsuit against Fox News, three of the network's hosts (Lou Dobbs, Maria Bartiromo, and Jeanine Pirro), Rudy Giuliani, and Sidney Powell.
"When you are making statements that are knowingly false, and you make them with malice, and you actually tarnish reputations and it has a financial consequence — that's why you have defamation lawsuits in the first place," Coates said, explaining the seriousness of the lawsuit.
Coates is not alone in believing Smartmatic's suit poses real threat to Fox. University of Georgia media law professor Jonathan Peters noted on Twitter that "libel law makes it difficult to prevail where the plaintiff is a public figure and/or where the speech involved a matter of public concern. In various ways, these will be key issues in litigation." But, Peters added that he believed the "smart money" is on Smartmatic.
That seemed to be the general consensus among legal experts who commented on the case Thursday. Despite Fox describing the suit as "meritless, most legal experts believed it to have some bite. "This lawsuit is a legitimate threat — a real threat," CNN legal analyst Ellie Honig said. "There is a real teeth to this." And Roy Gutterman, who directs the Tully Center for Free Speech at Syracuse University, echoed to WaPo, "This complaint establishes a compelling narrative in its 270-plus pages. It will certainly be interesting to see how the defendants frame their responses."
This is not a nuisance suit
Brian Stelter writes: "Libel suits against media organizations are typically filed on a slippery slope. Journalists have good reason to be concerned about these types of cases. And nuisance lawsuits against newsrooms are a real problem. But I think it's safe to say that Smartmatic's action against Fox is not a nuisance suit, and it has little to do with news. It's going to be hard for Fox to wrap its hosts in a press freedom flag. This case is about entertainers who gave fuel to lies in a desperate bid to keep Trump in power."
For two decades, Fox News has reigned supreme as America’s number one cable news channel. Until January, that is, when the network dropped to a once unthinkable third place in the ratings.
The response from Fox News has not been a period of sombre self-reflection. Instead, the network seems to have made a chaotic lunge towards the right wing in recent weeks as hosts have dabbled in conspiracy theories and aggressively attacked the Joe Biden administration.
Adding to the sense of crisis, Fox News laid off multiple staff in January – including the political editor who backed the network’s early decision that Biden had won Arizona – while on Thursday Smartmatic, an election technology company, filed a $2.7bn lawsuit against Fox News’ parent company, over allegations it participated in election fraud.
As CNN and MSNBC, with their more liberal audiences rose to the top spots in January’s ratings, Americans who believe in the nonsensical QAnon conspiracy theory, or who harbor white nationalist beliefs, or who don’t trust vaccines, have all found themselves pandered to by Fox News, as it attempts to shore up its viewership.
Nielsen numbers, published this week, found that Fox News ranked third out of the three main cable news channels in January. It was the first time since 2001 that Fox News found itself in third place, and continued a pattern from the end of 2020, when Donald Trump urged his supporters to abandon Fox News in favor of even more rightwing rivals like NewsMax and One America News.
“Fox News has led in the ratings for two decades. They have historically been unrivaled in attracting an audience,” said Matthew Gertz, a senior fellow at the progressive media watchdog Media Matters.
Gertz said he had detected a shift at Fox as the network attempts to win back “the most hard-edge” Trump supporters. “The network really needs to win them back. It’s of great concern for Fox if they’re no longer in first place. It’s not going to be possible for them to command the same ad rates, it’s not going to be possible for them to demand the same fees from cable carriers,” he said.
Gertz added: “Their business model really rests on them being number one, in a big way, and it appears they’re going to do anything they can to win that status back.” The plan to boost viewership so far seems to be based on an extremist push, led by its most prominent opinion hosts.
In the long term, Fox News isn’t likely to go anywhere – even despite the Smartmatic lawsuit.
“Rupert Murdoch and Fox News generally sees itself as mouthpiece of Republican party. They were moving away from conspiracy theorists, they were moving away from Trump and hoping to turn the page,” Jonathan Kaufman, professor and director of the school of journalism at Northeastern University, said.
“But like the Republican party, Fox is discovering that Trumpism, and conspiracy theories, have taken deep root in the Republican party and in their viewers.”
[Page 446:] CONTROL THAT MAKES THE PARENT DIRECTLY LIABLE RATHER THAN VICARIOUSLY LIABLE (PARENT AS A DIRECT OBLIGOR)
Courts using the Powell analysis almost always require “complete domination . . . in respect to the transaction attacked.”
If the parent exerts intrusive control over the transaction in question, perhaps, as noted above, the parent is making itself an actor in the transaction and can be deemed the party that is committing the wrongful act by itself. Therefore, it may be possible to hold the parent directly liable without piercing the corporate veil.
This analysis tends to fail in contract cases. Nothing in contract law says that intrusive parental control over the subsidiary, even for the contract in question, makes the parent liable on a contract that specifies the subsidiary as the contractual obligator. Indeed, it is not unusual at all that someone who is not a party to a contract exerts dominating and intrusive influence on a contracting party and still is not made liable on the contract. Obvious examples are the highly publicized contracts between sports franchises and athletes. Agents/advisors regularly exert dominating control over negotiations for their clients, yet no one suggests that the agents/advisors are personally liable on the contract. This is not to say that an intrusively dominating party cannot get itself into trouble. With so much power over the contracting party, the dominating party probably has a fiduciary duty which that party may breach. The controlling party may not keep its mouth completely closed, allowing any representations it makes to evolve into misrepresentation. This creates opportunities for actionable misrepresentations. A relatively common problem occurs when the parent creates confusion for the other contracting party as to whether the subsidiary or the parent is the contracting party on its side of the deal. Under a fraud or misrepresentation theory, the other contracting party may have a direct action against the parent.
A somewhat similar problem regarding parents and subsidiaries is the use of a common public persona where the affiliated corporations are held out to the public as a single enterprise. Persons dealing with a subsidiary may be misled into thinking they are doing business with a group or with the parent. This can be a ground for piercing the corporate veil, but confusion as to the identity of the obligor on the contract also may result in making the parent the obligor on the contract. If the parent represents that it stands behind or considers itself liable for the obligations of its subsidiary, it likely will be estopped from denying liability. If the parent leads a plaintiff to reasonably believe that the parent is a party to the contract, it also may be held liable on the contract. If the parent misleads the other contracting party as to the credit worthiness of its subsidiary, the parent may be liable on the contract. These instances of contract liability are not based on control, though control is almost always present in these cases.
The plaintiff should be able to make the parent liable on the contract without having to pierce the corporate veil of the subsidiary, due to the existence of an independent basis for making the parent directly liable on the contract, such as misrepresentations or the parent making itself a de facto contracting party. However, these types of misconduct help a plaintiff pierce the corporate veil. The wrongful conduct satisfies the wrongful or inequitable conduct requirement for both the instrumentality and alter ego tests. Also, there is likely a causal relationship between the wrongful conduct and the plaintiff’s problem, especially in the cases involving some sort of misrepresentation, thereby satisfying the causation element in jurisdictions requiring a causal connection for piercing the veil.
Torts present a much different analysis. If a parent exerts complete control of the subsidiary, can it be said that torts committed by the subsidiary are really being committed by the parent, who by virtue of its complete domination, is the real actor? Perhaps. One potential problem for the parent occurs when the parent provides safety services to its subsidiary. It is then possible to predicate limited liability against the parent based on the Good Samaritan Doctrine as set forth in the Restatement (Second) of Torts. Under this theory, liability can attach to the parent if it undertakes to provide safety services and thereafter performs those services negligently. The parent can create a duty for itself, and therefore potential liability, by inspecting a subsidiary’s plant for potential safety problems or by inspecting specific machines or instruments. Several cases have imposed liability on a parent where its inspection of the subsidiary’s premises disclosed unsafe conditions went uncorrected. In some cases, courts have imposed direct tort liability on a parent when an employee/officer of the parent made a critical decision which resulted in tort liability. Often, however, that person has a position with both the parent and the subsidiary, and the court is likely to decide that the wrongful act was committed while the person was acting on behalf of the subsidiary instead of the parent. Consequently, the parent is exculpated from direct tort liability. This is a formalistic result, but again, form often wins out in corporation law.
MUPanther wrote:#1 vs #2 in the women's game on FS1
https://twitter.com/LisaByington/status ... 1962687489
billyjack wrote:Please let me watch one game on FS1 in 2021 without having to see a Fox News commercial and look at bloated Sean Hannity's pumpkin-sized head and Ingraham's effing face.
MUPanther wrote:billyjack wrote:Please let me watch one game on FS1 in 2021 without having to see a Fox News commercial and look at bloated Sean Hannity's pumpkin-sized head and Ingraham's effing face.
Oh my, the hate.
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