Fox News may move forward with its anti-SLAPP counterclaims against election technology company Smartmatic, a New York Supreme Court judge has decided.

Justice David B. Cohen determined that although a Delaware court previously ruled against Fox News in another case also involving defamatory statements alleging interference with the 2020 presidential election, that doesn’t preempt the counterclaims from Fox News and on-air hosts Lou Dobbs, Maria Bartiromo and Jeanine Pirro.