The complaint, which arose out of Fox News’s promotion of vote-rigging conspiracy theories after the 2020 U.S. presidential election, is on track to proceed to trial.

A court in New York has rejected a bid from Fox Corp. to toss a lawsuit from voting systems provider Smartmatic against Fox News. The New York appeals court on Thursday upheld a previous ruling denying Fox Corp.

In 2023, Fox settled a similar lawsuit filed by another election systems company, Dominion Voting Systems, for $787.5 million. Before the settlement, Fox had sought to exclude Rupert Murdoch from testifying in person at a trial, but the Delaware judge rejected that request.