The collateral estoppel doctrine precludes counterclaims filed by Fox News against Smartmatic in their ongoing $2.7 billion defamation lawsuit, a lawyer for the voting technology company argued Wednesday.

“Smartmatic’s defamation action is based on many of the same statements in which the hosts talk about Smartmatic and Dominion in the same breath,” Michael Vatis told Manhattan Supreme Court Justice David B. Cohen during arguments over motions to dismiss.