Monday, August 10, 2026
Page 3
Newsom’s Suit Against Fox News to Continue
Delaware Supreme Court Denies Interlocutory Review
By a MetNews Staff Writer
Gov. Gavin Newsom’s lawsuit against a conservative television network for calling him a liar will continue, with an order by the Delaware Supreme Court denying interlocutory review of the Superior Court’s determination a dismissal is not warranted based either on forum non conveniens nor a failure to state a claim.
“Exceptional circumstances that would merit interlocutory review do not exist, and the potential benefits of interlocutory review do not outweigh the inefficiency, disruption, and probable costs caused by an interlocutory appeal” a panel of three of the five justices declared on Thursday.
A 16-minute telephone conversation between Newsom and President Donald Trump took place starting at about 10:23 p.m., Los Angeles time, 1:23 a.m. in the District of Columbia. The discussion was occasioned by civil unrest in Los Angeles based on mass deportations.
On June 10, the president mentioned during a press conference that he had spoken to Newsom “a day ago.” The governor posted on X:
“There was no call. Not even a voicemail.”
That night, Fox News Network (“FNN”) commentator Jesse Watters made note of Newsom’s statement—asking, “”Why would Newsom lie and claim that Trump never called him?”—and there appeared on the screen the words, “Gavin Lied About Trump’s Call.”
Newsom made a demand to Fox News for a retraction, pursuant to California Civil Code §48a. The governor said he told the truth because Trump said on June 10 that the call took place “a day ago,” and it was actually three days earlier in the east.
The governor brought suit on June 27 and posted on X:
|
|
Watters on July 17, in response to the §48a demand, told viewers:
“We thought the dispute was about whether there had been a call at all, not when. We thought that the governor was clear when he said, without qualification, that there was no call. Now Newsom’s telling us what was in his head when he wrote the tweet. He didn’t deceive anybody on purpose, so I’m sorry. He wasn’t lying. He was just confusing and unclear. Next time, Governor, why don’t you just say what you mean?”
Delaware Superior Court Judge Sean P. Lugg on April 30 ruled that a cause of action is stated, saying:
“Here, Governor Newsom contends that the gist or sting of FNN’s statements was that Governor Newsom lied about having spoken to President Trump. 146A Not that he is a liar generally. 147 i At this stage of the litigation, based on the record before it, and drawing all reasonable inferences in favor [*24] of the non-moving party—Governor Newsom—the Court finds that the complaint sets forth facts on which it is reasonably conceivable the plaintiff could recover.”
Lugg also said that Fox, a Delaware corporation, has “failed to establish overwhelming hardship warranting removal from this forum.”
He noted that “the Court will apply California substantive law because that is the plaintiffs’ home state.”
Copyright 2026, Metropolitan News Company