'Must be reversed for several reasons': Mike Lindell implores appeals court to put $2.3 million defamation verdict to bed

• WHO: Mike Lindell (MyPillow CEO), FrankSpeech LLC (conservative media company), Eric Coomer (former Dominion Voting Systems director).
• WHAT: Lindell and FrankSpeech are appealing a $2.3 million defamation verdict.
• WHERE: U.S. Court of Appeals for the 10th Circuit, Denver, CO.
• WHEN: Appellate brief filed just over one year after the initial jury verdict.
• STATUS: Ongoing legal appeal following a jury verdict finding Lindell and FrankSpeech liable for defamation.

Mike Lindell, CEO of MyPillow, and his media company, FrankSpeech LLC, have filed an appeal with the U.S. Court of Appeals for the 10th Circuit to overturn a $2.3 million defamation verdict awarded to Eric Coomer, a former director at Dominion Voting Systems.

The appeal, filed in Denver, CO, seeks to reverse a jury judgment from over a year ago that found Lindell and FrankSpeech liable for defamation. Coomer had sued after Lindell publicly accused him of criminal activity and being a “traitor” during Lindell’s campaign questioning the 2020 election results.

What Happened

The defamation case originated from allegations made by Lindell, who publicly claimed Coomer had rigged the 2020 election against former President Donald Trump. These claims stemmed from a story by Joseph Oltmann, a Colorado podcaster and conspiracy theorist, who alleged he overheard someone identified as “Eric, the Dominion guy” discussing election rigging during an “Antifa conference call.” Lindell subsequently aligned with Oltmann and promoted these accusations, personally targeting Coomer.

A jury in Denver found both Lindell and his streaming platform, FrankSpeech, liable for defamation. Although MyPillow was also a defendant, jurors declined to find the bedding company liable. The case against FrankSpeech largely focused on its role in hosting commentary directed at Coomer, specifically comments made by David Clements during an August 2021 Cyber Symposium sponsored and broadcast by FrankSpeech.

During the trial, the court determined that Clements' streamed statements could be attributed to FrankSpeech because the company sponsored, promoted, and broadcast the event. The jury was permitted to conclude that Clements acted as an agent of FrankSpeech for the symposium's purposes. The subsequent verdict ordered Lindell to pay Coomer $2.3 million in damages.

The Charges Explained

While specific legal charges were not itemized in the provided information, the core issue in this case is defamation. Defamation is a false statement presented as fact that causes damage or injury to the reputation of the person or entity about whom it is made. In the United States, for a statement to be considered defamatory, it generally must be: 1) a false statement of fact (not opinion); 2) published or communicated to a third party; 3) made with at least negligence (for private figures) or actual malice (for public figures); and 4) cause damage to the subject's reputation.

In cases involving public figures or matters of public concern, such as the claims made about election integrity, the standard of proof for defamation often requires demonstrating “actual malice.” This means the defamatory statement was made with knowledge that it was false or with reckless disregard for whether it was true or false. Lindell and FrankSpeech argue that Coomer failed to meet this high standard, contending that the jury's decision to not award punitive damages against Lindell for acting with “willful and wanton reckless disregard” undermines any finding of actual malice.

How These Cases Move Through Court

Defamation cases, like other civil lawsuits, typically begin when a plaintiff files a complaint in a state or federal court, depending on the nature of the claims and the parties involved. After the complaint is filed, the defendant is served with the lawsuit and has an opportunity to respond. The initial phase often includes discovery, where both sides exchange information and evidence. This can involve depositions, interrogatories, and requests for documents.

If the case does not settle, it proceeds to trial, where a judge or jury hears the evidence and makes a decision. Following a trial, either party may appeal the verdict or certain legal rulings to a higher court, such as a state court of appeals or a U.S. Circuit Court of Appeals, as is happening in this instance. The appellate court reviews the trial court's proceedings, primarily focusing on legal errors rather than re-evaluating facts. The appeals process can result in the lower court's decision being affirmed, reversed, or remanded (sent back for further proceedings).

Context & Background

The legal challenges faced by Mike Lindell and FrankSpeech are part of broader litigation related to the 2020 U.S. presidential election. Following the election, various individuals and entities made claims of widespread voter fraud, leading to numerous lawsuits. These cases often involve complex legal questions regarding defamation, freedom of speech, and the responsibility of media platforms for content they host. The legal landscape for online speech is particularly relevant, with arguments frequently centering on Section 230 of the Communications Decency Act of 1996, which provides legal immunity to website operators from liability for content created by third parties. Lindell and FrankSpeech are invoking these protections in their appeal, arguing their platform merely hosted content originated by others.

Recognizing and Reporting Fraud/White Collar

While the focus of this article is defamation, fraudulent activities can sometimes be intertwined with similar allegations regarding disinformation. To report potential fraud or white-collar crime, individuals can contact the Federal Bureau of Investigation (FBI) at 1-800-CALL-FBI or submit a tip online via their official website. For general inquiries about recognizing manipulative tactics or disinformation that could lead to financial harm, individuals can also consult resources from consumer protection agencies. Always call 911 for emergencies.

What Happens Next

The U.S. Court of Appeals for the 10th Circuit will now review the arguments presented in the appellate brief filed by Lindell and FrankSpeech. Coomer's legal team will likely file a response brief, after which the court may schedule oral arguments. Following these proceedings, the appellate court will issue a ruling, which could affirm the original verdict, reverse it, or send the case back to the lower court for further action.