The United States District Court for the District of Colorado left a jury’s verdict intact by denying defendants’ bid for judgment as a matter of law and denying plaintiff’s request to increase punitive damages.
Plaintiff Eric Coomer sued defendant Michael J. Lindell, defendant Frankspeech LLC, and defendant My Pillow, Inc. for defamation and related claims based on statements accusing Coomer of helping rig the 2020 presidential election while he worked for Dominion Voting Systems. After trial, the jury found defendant Lindell and defendant Frankspeech liable on certain defamation claims, found defendant Frankspeech liable for intentional infliction of emotional distress and punitive damages, and found defendant My Pillow not liable.
Frankspeech was a streaming and broadcasting platform that Lindell created, that aired interviews, hosted shows such as “The Lindell Report,” and livestreamed events like the Cyber Symposium, rather than simply operating as a passive message board or social media site.
Post-trial requests
Defendant Lindell and defendant Frankspeech asked the court to enter judgment as a matter of law in their favor on several grounds, including that Frankspeech was immune under 47 U.S.C. § 230, that plaintiff had not proved economic damages, and that the evidence did not support actual malice. Plaintiff asked the court to amend the final judgment to increase the punitive damages award against defendant Frankspeech based on alleged continuing misconduct during the case.
Motions denied
The court ruled that both post-trial motions should be denied. It refused to overturn the jury’s findings against defendant Lindell and defendant Frankspeech, and it also refused to enlarge the punitive damages award against defendant Frankspeech.
Why the court ruled the way it did
The court concluded that there was sufficient evidence for a reasonable jury to find that Frankspeech was not entitled to Section 230 immunity because it was not merely hosting third-party content. Instead, Lindell, acting as Frankspeech’s agent, made defamatory statements on its broadcasts, and the company also promoted, sponsored, and livestreamed the Cyber Symposium where additional statements were made. This allowed the jury to find that Frankspeech participated in the development and dissemination of the content, rather than acting as a neutral intermediary. The court also found sufficient evidence of economic harm and actual malice, and it determined that plaintiff had not met the high burden required to justify increasing punitive damages under Colorado law. Finally, the court ordered defendants to show cause why additional Rule 11 sanctions should not be imposed for another inaccurate citation in their briefing.
Coomer v. Lindell, 2026 WL 817370 (D. Colo. Mar. 25, 2026)