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 New York appeals court has rejected Fox Corp.’s request to toss a $2.7 billion defamation suit from voting machine manufacturer Smartmatic. Smartmatic alleged in a suit that the Fox News parent company “effectively endorsed and participated in” a campaign suggesting that the voting machine company participated in election fraud by manipulating the results of the 2020 presidential election.

The latest ruling represents a key victory for Smartmatic’s efforts to go after the right-wing media outlet over its promotion of debunked claims that the election was stolen from former President