“Judge Davis has lived with, and labored mightily on bringing to a fair resolution, what may be the most consequential defamation case since NYT v. Sullivan,” Mr. Tobias said, referring to the 1964 Supreme Court decision that established the need for a plaintiff to prove that false information was published with “actual malice.”
The judge’s decisions, even small ones, have gotten plenty of media attention. But that will surely pale in comparison with the scrutiny to come, as news outlets from around the world descend on the unassuming courthouse in Wilmington, Del., for the trial, which is likely to be punctuated by appearances by Fox hosts and leaders, including Tucker Carlson, Maria Bartiromo, Mr. Murdoch, his son Lachlan, and Suzanne Scott, the chief executive of Fox News.
There are already limits on how the proceedings can be covered, which may help dampen the spectacle somewhat: No video or audio is allowed to be broadcast from the courtroom, and reporters in the courtroom will not be allowed to use the internet.
Judge Davis declined to comment for this article, as did representatives for Dominion and Fox.
A graduate of the University of Virginia, Judge Davis attended the Emory University School of Law, graduating in 1992. After a stint at the Miles & Stockbridge law firm in Baltimore, he became a partner in the Wilmington office of the multinational firm Skadden, Arps, Slate, Meagher & Flom, where he worked as a commercial litigator specializing in corporate restructuring.
Jack Markell, Delaware’s Democratic governor at the time, appointed Judge Davis in 2010 to the Court of Common Pleas, which oversees everyday criminal matters, such as misdemeanors and motor vehicle offenses, and civil cases without a jury.
In November 2012, Governor Markell nominated Judge Davis to join the Superior Court, which has jurisdiction over most criminal and civil cases in Delaware, and has no monetary limit on what it can award in damages.
Judge Davis said in a news release announcing his nomination that he had worked to speed up civil trials in the Common Pleas Court with the creation of an expedited docket “so that we can resolve these disputes more quickly and efficiently.”
“I look forward to contributing in the same way on Superior Court if I am confirmed,” he said.
Source: | This article originally belongs to Nytimes.com
