Gavin C. Newsom v. Fox News Network, LLC

── Gavin C. Newsom v. Fox News Network, LLC ── Court: Superior Court of Delaware Date: April 30, 2026 Category: General IN THE SUPERIOR COURT OF THE STATE OF DELAWARE GAVIN C. NEWSOM, ) ) Plaintiff, ) ) v. ) Case No. N25C-06-251 SPL ) FOX NEWS NETWORK, LLC, ) ) Defendant. ) Submitted: January 30, 2026 Decided: April 30, 2026 MEMORANDUM OPINION AND ORDER On Fox News Network, LLC’s Motion to Dismiss the Amended Complaint and Special Motion to Strike, DENIED. On Fox News Network, LLC’s Motion for Attorneys’ Fees and Costs Incurred in Moving to Strike Plaintiff’s Claim under Unfair Competition Law, DENIED. Michael J. Teter, Esq. (Argued), LEGAL ACCOUNTABILITY CENTER TETER LEGAL, Salt Lake City, Utah, Mark Bankston, Esq., FARRAR & BALL LLP, Houston, Texas, Brian E. Farnan, Esq., Michael J. Farnan, Esq., FARNAN LLP, Wilmington, Delaware, Attorneys for Plaintiff, Gavin C. Newson. Patrick F. Philbin, Esq. (Argued), Kyle T. West, Esq., Chase T. Harrington, Esq. TORRIDON LAW PLLC, John L. Reed, Esq. of DLA PIPER LLP (US), Attorneys for Defendant, Fox News Network, LLC. LUGG, J.  INTRODUCTION In the midst of civil unrest in Los Angeles, California, Governor Gavin C. Newsom spoke on the telephone with President Donald Trump. The call took place after 10:00 p.m. on the night of Friday, June 6, 2025 (Pacific Daylight Time) (after 1:00 a.m. on Saturday, June 7, 2025 (Eastern Daylight Time)). The two did not speak again before President Trump, at a Tuesday, June 10, 2025, Oval Office press conference, was asked when he last spoke with Governor Newsom; President Trump responded that he and Governor Newsom spoke “[a] day ago.” Soon thereafter, Governor Newsom posted on X that “[t]here was no call.” President Trump then provided Fox News Network (“FNN”) reporters a “phone log” evidencing the Friday night / Saturday morning call he had with Governor Newsom. On this information, FNN published – through nationally televised reporting overlaid by chyron1 – that “Gavin Lied About Trump’s Call.” Governor Newsom sued FNN for defamation. FNN has moved to dismiss and has moved for attorneys’ fees and costs incurred in its effort to strike Governor Newsom’s California Unfair Competition Law claim. Having reviewed and considered the Amended Complaint, the parties’ briefing and arguments, and the record in this case, the Court denies FNN’s motions. 1 A “chyron” is “a caption superimposed over usually the lower part of a video image (as during a news broadcast.)” https://www.merriam-webster.com/dictionary/chyron. 1  FACTUAL AND PROCEDURAL BACKGROUND2 On June 6, 2025, at approximately 10:23 p.m. Pacific Daylight Time (or June 7, 2025, at approximately 1:23 a.m. Eastern Time), California Governor Gavin Newsom spoke on the telephone with President Donald Trump for about 16 minutes.3 The next day, Governor Newsom discussed this conversation in an interview with MSNBC.4 Other news outlets covered Governor Newsom’s statements about the call,5 and, on Sunday, June 8, 2025, Fox News Sunday, The Big Weekend Show, and Life, Liberty, & Levin noted that a call occurred between Governor Newsom and President Trump.6 On Monday, June 9, 2025, a local FNN 2 The facts are drawn from the Amended Complaint and, to the extent necessary to decide the pending motions, the attachments supplementing the parties’ briefs. On a motion to dismiss, the Court views all w