Trump’s damages exposure doesn’t look good at all.
www.msnbc.com
Carroll is seeking $10 million for harm to her reputation, as well as an unspecified amount of punitive damages.
And for E. Jean Carroll, Carroll I, filed in 2019, has become somewhat of a legal lay-up. That’s because the presiding federal judge, Lewis A. Kaplan, ruled in September that because of a jury’s verdict in Carroll’s other defamation case that was filed in 2022 (referred to as “Carroll II”), Trump cannot argue that he did not defame Carroll. In fact, the only thing left now for a jury to decide in Carroll I is how much to award Carroll for the damages she suffered as a result of Trump’s defamation of her in 2019, when he was president. In the interest of full disclosure, I am good friends with Carroll. Regardless of our friendship, my legal analysis is based on the facts and case law.
...Trump has already tried to convince Kaplan to cap Carroll’s damages to the $5 million verdict that was rendered last year in Carroll II. His argument was that the second jury this week should be bound by the first jury’s decision on the amount. But Kaplan denied that move and said that Trump was trying to “mix apples with oranges.”
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To make matters worse for Trump, he appears to have failed to learn his lesson from his first courtroom battle with Carroll as he continues to defame her. Just a few days ago, he shared a barrage of 31 posts in about 30 minutes on his social media platform, Truth Social. The posts were not written by Trump, but instead were shared comments, interview clips and social media posts by others that disparaged and attacked Carroll. Not content to allow others to berate Carroll, Trump has also attacked her on television and even while on the campaign trail. Even Tuesday morning, before arriving at the federal courthouse,
Trump posted on social media what appears to be yet another potentially defamatory statement about Carroll. His offensive conduct has been covered widespread by the media, which means a very high probability that prospective jurors have also heard and seen his repeated defamation of Carroll, which always presents its own challenge.
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