The state Supreme Court’s Appellate Division, a mid-level appeals court, said there were “significant allegations” that Giuliani and Powell defamed the company. They also reinstated similar claims against Fox News host Jeanine Pirro, claims a lower court had thrown out. Messages seeking comment were sent to Smartmatic and Fox News; the network’s lawyers are also representing the hosts. They remain newsworthy whether or not they seem plausible or likely to succeed,” Clement told the appeals court. A lower court dismissed claims against Powell, a Texan who argued that she couldn’t be sued in New York over the matter.
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