MINNEAPOLIS (Legal Newsline) - Pillow magnate Mike Lindell has lost his attempt to dismiss a lawsuit brought by a company alleging he defamed it by claiming voting machines were rigged to ensure Joe Biden was elected president in 2020.
Minnesota federal judge Wilhelmina Wright on Sept. 19 rejected arguments by Lindell and his company MyPillow, ruling Smartmatic can proceed with its claims against the two. The software company has argued Lindell was trolling for customers with his support for former President Donald Trump.
Wright found Smartmatic has plausibly alleged reputational harm that can hurt its financial state. It also sufficiently alleged actual malice by Lindell to get past a motion to dismiss, as the company says publicly available information contradicted Lindell's statements, though he failed to retract them.
"Smartmatic also alleges that Lindell made and promoted his defamatory statements for his own profit," Wright wrote.
"For example, Smartmatic alleges that on several occasions Lindell told audiences to purchase MyPillow products after making claims of election fraud and supplying audiences with MyPillow promotional codes related to Lindell’s election-hacking theories."
Dominion Voting Machines has also sued Lindell over claims on a Newsmax show that “the biggest fraud is the Dominion machines,” as he complained about Trump’s loss to Biden. He said Dominion machines were “built to cheat” and “steal elections.”
Smartmatic can bring vicarious liability claims against MyPillow, Wright ruled, as Smartmatic has alleged Lindell used his platform to promote MyPillow.
Lindell promoted MyPillow during appearances at which he allegedly defamed Smartmatic and used promotional codes like "FightforTrump" and "Proof," she wrote.
"Indeed, MyPillow associated itself with Lindell's bus tour by having its logo emblazoned on Lindell's bus, and MyPillow provided Lindell with promotional codes tor relay to audiences during his appearances," the decision says.