I guess you haven't heard the news. They settled when it went to discovery

This case has been going on for years.

Lots of discovery has been produced.

In February a couple of things happened.

The judge warned she might sanction the parties if discovery disputes dragged on.

The other was Smartmatic alleged in court papers that OAN

“participated in a crime by soliciting, reviewing, and disseminating information designed to assist bad actors with hacking into Smartmatic’s email communications.”

https://www.courthousenews.com/wp-content/uploads/2024/02/smartmatic-discovery-response-oan-case.pdf This was based on 2001 email that OAN turned over in discovery in 2023. Someone sent a bunchn of info to OAN including a list of passwords. OAN says this was hacked material

Starting in July 2023, OANN produced a series of emails revealing that Charles Herring received what purported to be illegally obtained passwords for the email systems of Smartmatic employes (the “Stolen Passwords”).....The actions taken by Mr. Herring and others at OANN upon receipt of the Stolen Passwords constitute potential criminal activities under state and federal law

Specifically Smartmatic accuses Robert Herring, the head of OAN of emailing the passwords to others.

Smartmatic was asking the judge for more discovery about this.

Let’s get to the merits of this case. Let’s get fact discovery restarted. Let’s get this case moving

So this is not as cut and dried as you imply.