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The Velveteen Ocelot

(115,735 posts)
1. Anybody can sue anybody. The question is who wins.
Fri Apr 3, 2020, 08:58 PM
Apr 2020

In this case, suing Fox would probably be a lost cause. There's no requirement for a "news" organization to actually tell the truth.

no_hypocrisy

(46,122 posts)
2. But if, like advertising for cigarettes, you RELIED on the representations made,
Fri Apr 3, 2020, 09:02 PM
Apr 2020

and made deleterious decisions (excuse the alliteration) based on your reliance, and you suffered harm, there could be an argument that gets you to a settlement or a judgment.

The Velveteen Ocelot

(115,735 posts)
6. Nope. That implies a promise was made that results in a contractual relationship
Fri Apr 3, 2020, 09:16 PM
Apr 2020

in which the promise must be kept. There's a concept in contract law called promissory estoppel, according to which a promise can be enforced if a party relied on a promise to their detriment, even though the purported contract might be otherwise unenforceable for lack of consideration (quid pro quo). The elements are:

1. A promise was made;
2. Reliance on the promise was reasonable or foreseeable;
3. There was actual and reasonable reliance on the promise;
4. The reliance was detrimental; and
5. The promisee can be fairly compensated only by enforcing the promise.

An actual promise would have to be made to an individual, and that individual would have had to change their position or taken some action in reliance on the promise, with a detrimental result. Fox's false and misleading statements are not promises. There is no contract or semblance of a contract between Fox and its viewers - just a bunch of slack-jawed viewers believing the bullshit produced by Trump's Pravda.


Yonnie3

(17,444 posts)
4. I guess we will find out, one is in the works
Fri Apr 3, 2020, 09:06 PM
Apr 2020

From Times of San Diego

Washington State Group Is 1st to Sue Fox News for Calling Coronavirus a ‘Hoax’

An obscure Washington state group has become the first in the nation to sue Fox News over its coronavirus coverage, asking a state court to keep the cable network from airing false information about the pandemic.

The 10-page complaint — filed Thursday in King County — also names as defendants Fox News Corp., owner Rupert Murdoch, AT&T TV and COMCAST.

It seeks an injunction to prohibit the conservative-leaning outlet from “interfering with reasonable and necessary measures to contain the virus.

<snip>


https://timesofsandiego.com/business/2020/04/02/washington-state-group-is-1st-to-sue-fox-news-for-calling-coronavirus-a-hoax/

Runningdawg

(4,520 posts)
8. Sure you can sue but don't count on going to court anytime in the next 5 years.
Fri Apr 3, 2020, 09:37 PM
Apr 2020

Courts will only be hearing violent crime cases for the foreseeable future.

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