NY – Ex POTUS Donald Trump, sued by E. Jean Carroll, DT found liable re sexual assault, $5M award, countersuit dismissed, appeal rejected, 2023

  • #941
I'm sure he'd like a select panel, one of his own choosing, selected by him ;)
 
  • #942
  • #943
  • #944
Just to keep my notes a little bit shorter - I shall go ahead & post this.

Update!

Friday, June 13th:
*Oral Argument Hearing [on 9/6/24] (Appeal-DENIED!) (@ am ET) - New YorkE. Jean Carroll vs. Donald John Trump. Amended complaint against Trump seeking new damages of at least $10 million, based in part on comments Trump made during a CNN town hall on 5/10/23. U.S. District of Manhattan 1:20-cv-07311/defamation suit/1:22-cv-10016/damages
U.S. District Judge Lewis A. Kaplan presiding. Trump’s attorneys Alina Habba & Michael T. Madaio. Carroll’s attorneys Roberta Kaplan & Shawn Crowley.
These defamation charges were postponed by Judge Lewis Kaplan on 3/30/23. Carroll's first defamation lawsuit against Trump was filed in November 2019. But that case has been put on hold while Trump argues that a federal law protects him from being sued for defamation for comments he made while president. And was amended to Trump’s comments made on 5/10/23.
Trial began on 1/16/24 with jury selection. Trial began on 1/16/24 & ended on 1/26/24 with closing arguments. 9 jurors selected. State & Defense rested their cases on 1/25/24. Closing arguments on 1/26/24. 1/26/24: Jury started deliberations @ 1:40pm ET & ended @ ~4:30pm (2 hours & 45 minutes of deliberations).
Trump MUST pay #83.3 million to Carroll. 4/25/24 Update: An appeals judge ruled against Trump, refusing to grant him a new trial. This follows a ruling from a jury that is forcing Trump to pay author E. Jean Carroll over $80 million for defamation. 6/13/25 Update: 2nd Circuit Court of Appeals denied en banc hearing.
Case info from 5/22/23 thru 1/16/24 & Trial Day 1-6 (1/16-1/26/24) & thru 4/25/24 reference post #442 here:
https://www.websleuths.com/forums/t...r-defamation-trial-15-jan-2024.690440/page-23

9/6/24 Update: Attorneys for Trump will appear before a federal appeals panel on Friday, 9/6/24 to argue that a $5 million judgment finding him liable for sexually abusing & defaming the writer E. Jean Carroll was "unjust" & should be thrown out. In his appeal of the first judgment, which Trump's attorneys are arguing Friday, they claimed the judge issued "flawed & prejudicial evidentiary rulings."
9/6/24 Update: Trump was in a Manhattan federal court Friday as his lawyers sought to overturn a $5 million jury verdict finding him liable of sexually abusing writer E. Jean Carroll. Mr Trump is here today,” Carroll’s lawyer, Roberta Kaplan, told the court during Friday’s hearing. “He was given every opportunity to take the stand & rebut all this evidence. He did not put on a single witness.” Trump’s lawyers have argued the jury’s verdict should be tossed because evidence was allowed at trial that should have been excluded, while other evidence was excluded that should have been permitted. They argued, too, that Trump couldn’t get a fair trial in the Big Apple. See post #443, page 23 for Court Oral Arguments on Utube.
12/31/24 Update: A federal appeals court yesterday upheld a jury verdict ordering Trump to pay $5 million for sexually abusing & defaming writer E. Jean Carroll. Trump was ordered to pay $2 million for sexual abuse & another $3 million for defaming Carroll, a former advice columnist for Elle magazine. Trump denied the allegations & appealed the verdict on the grounds that two other women who said Trump had sexually assaulted them too should not have been allowed to testify. The three-judge panel of the Second US Circuit Court of Appeals disagreed. Carroll was also awarded $83 million by another jury in a separate case she brought against Trump. He has appealed that verdict & Steven Cheung, a Trump spokesman, said they would lodge a further appeal against the $5 million damages awarded in the sexual abuse & defamation case.
6/2/25 Update: A federal appeals court on Monday upheld a jury’s finding in a civil case that Trump sexually abused a columnist in an upscale department store dressing room in the mid-1990s. The 2nd U.S. Circuit Court of Appeals issued a written opinion upholding the $5 million award that the Manhattan jury granted to E. Jean Carroll for defamation & sexual abuse. Trump is asking a federal appeals court to reconsider overturning a jury's verdict that found he sexually abused writer E. Jean Carroll in the mid-1990s and awarded her $5 million in damages. After the United States Court of Appeals for the Second Circuit determined last month that Trump failed to prove he deserved a new trial, lawyers for Trump on Tuesday requested an en banc hearing, in which the full court would hear the case rather than a select panel. Trump's request for an en banc hearing is his final appellate option before possibly turning to the Supreme Court.
6/13/25 Docket update: The full bench of the NY-based 2nd Circuit Court of appeals [en banc hearing] has *denied* Trump's appeal of E. Jean Carroll's win against him in court. Supreme Court would be next/last stop. See post #943, page 48 for document.
 
  • #945

President Donald Trump failed to persuade a federal appeals court to reconsider the $5 million verdict won by E. Jean Carroll after a jury found that he sexually abused and defamed the former magazine columnist in the 1990s.

In an 8-2 vote, the 2nd U.S. Circuit Court of Appeals in Manhattan on Friday left intact its Dec. 30 decision by a three-judge panel upholding the jury award.
....
The president, who turns 79 on Saturday, is separately asking the appeals court to throw out an $83 million jury verdict in January 2024 for defaming Carroll and damaging her reputation when the Republican first denied her rape claim.

Oral arguments are scheduled for June 24. A further appeal of the $5 million verdict would go to the U.S. Supreme Court.
 
  • #946
Exactly how many times does he get too try this? This is getting to be so old!
 
  • #947
Exactly how many times does he get too try this? This is getting to be so old!
The supreme court has been very good to Mr Trump
 
  • #948
E. Jean Carroll has a book coming out (in three days) about her legal suits against DJT.

 
  • #949

American taxpayers will not be paying for the ongoing appeal of President Donald Trump's $83 million defamation case, a federal appeals court determined on Wednesday.

A panel of judges on the 2nd U.S. Circuit Court of Appeals on Wednesday denied Trump's request to have Justice Department lawyers argue in his appeal of columnist E. Jean Carroll's defamation case against Trump.
....
Oral arguments in Trump's appeal of the case are set for June 24.
 
  • #950

American taxpayers will not be paying for the ongoing appeal of President Donald Trump's $83 million defamation case, a federal appeals court determined on Wednesday.

A panel of judges on the 2nd U.S. Circuit Court of Appeals on Wednesday denied Trump's request to have Justice Department lawyers argue in his appeal of columnist E. Jean Carroll's defamation case against Trump.
....
Oral arguments in Trump's appeal of the case are set for June 24.

The Hill says that if the court had allowed the DOJ to step in, US taxpayers would have been liable for not only his defence but also for the damages ($83,000,000) that were awarded.


Since Trump retook the presidency, his Justice Department has sought to leverage the Westfall Act to step in for the president, which would mean he wouldn’t have to pay the damages and instead leave the government on the hook.

https://thehill.com/regulation/court-battles/5357924-trump-carroll-defamation-case-appeal-denied/
 
  • #951
Tuesday, June 24th:
*Oral Arguments Hearing [Appeal on $83M] (@ am ET) - New YorkE. Jean Carroll vs. Donald John Trump. Amended complaint against Trump seeking new damages of at least $10 million, based in part on comments Trump made during a CNN town hall on 5/10/23. U.S. District of Manhattan 1:20-cv-07311/defamation suit/1:22-cv-10016/damages
U.S. District Judge Lewis A. Kaplan presiding. Trump’s attorneys Alina Habba & Michael T. Madaio. Carroll’s attorneys Roberta Kaplan & Shawn Crowley.
These defamation charges were postponed by Judge Lewis Kaplan on 3/30/23. Carroll's first defamation lawsuit against Trump was filed in November 2019. But that case has been put on hold while Trump argues that a federal law protects him from being sued for defamation for comments he made while president. And was amended to Trump’s comments made on 5/10/23.
Trial began on 1/16/24 with jury selection. Trial began on 1/16/24 & ended on 1/26/24 with closing arguments. 9 jurors selected. State & Defense rested their cases on 1/25/24. Closing arguments on 1/26/24. 1/26/24: Jury started deliberations @ 1:40pm ET & ended @ ~4:30pm (2 hours & 45 minutes of deliberations). Trump MUST pay $83.3 million to Carroll. 4/25/24 Update: An appeals judge ruled against Trump, refusing to grant him a new trial. This follows a ruling from a jury that is forcing Trump to pay author E. Jean Carroll over $80 million for defamation. 12/31/24 Update: The three-judge panel of the Second US Circuit Court of Appeals disagreed. Carroll was also awarded $83 million by another jury in a separate case she brought against Trump. 6/14/25 Update: Oral arguments on 6/24/25 re $83.3M appeal.

Case info from 5/22/23 thru 1/16/24 & Trial Day 1-6 (1/16-1/26/24) & thru 6/2/25 reference post #944 here:
https://www.websleuths.com/forums/t...r-defamation-trial-15-jan-2024.690440/page-48

6/13/25 Docket update: The full bench of the NY-based 2nd Circuit Court of appeals [en banc hearing] has *denied* Trump's appeal of E. Jean Carroll's win against him in court. Supreme Court would be next/last stop. See post #943, page 48 for document.
6/14/25 Update: Trump failed to persuade a Federal appeals court to reconsider the $5 million verdict won by E. Jean Carroll after a jury found that he sexually abused & defamed the former magazine columnist in the 1990s. In an 8-2 vote, the 2nd U.S. Circuit Court of Appeals in Manhattan on Friday left intact its Dec. 30 decision by a three-judge panel upholding the jury award. A further appeal of the $5 million verdict would go to the U.S. Supreme Court.
6/18/25 Update: Trump separately asking the appeals court to throw out an $83 million jury verdict in January 2024 for defaming Carroll & damaging her reputation when the Republican first denied her rape claim. 6/18/25 Update: A panel of judges on the 2nd U.S. Circuit Court of Appeals on Wednesday denied Trump's request to have Justice Dept. lawyers argue in his appeal of columnist E. Jean Carroll's defamation case against Trump. DOJ lawyers had argued that since some of Trump's alleged conduct fell within the scope of his role as president, the Justice Dept. should be able to defend the president in court. "Substitution is required because once the Attorney General certifies that a defendant is acting within the scope of his office or employment, the United States is the party defendant unless & until a court rules to the contrary," they argued. Otherwise taxpayers would be liable for $83 million!! Oral arguments in Trump's appeal of the case are set for 6/24/25.
 
  • #952
Trump cites presidential immunity to try to toss out $83M judgment he owes to E. Jean Carroll - Politico

A lawyer for Trump told a panel of appeals court judges that the judgment should be tossed out because Trump should have been deemed immune from Carroll’s lawsuit.

The January 2024 verdict “severely damages the presidency,” Trump’s lawyer, Justin Smith, told a three-judge panel of the 2nd Circuit Court of Appeals during a 26-minute oral argument.

The panel Tuesday appeared skeptical that the Supreme Court’s decision applies to the Carroll case, in part because Trump may have waived any immunity defense by not raising it earlier. Smith argued that it wasn’t waived because it “is not waivable.”
......
Carroll’s lawyer, Roberta Kaplan, told the panel that Trump had waived presidential immunity and that the verdict should be upheld.

In the immunity decision, Kaplan said, “the Supreme Court reiterated a fundamental principle of our democracy: The president is not above the law.” The appeals court, she reiterated, has already decided “that presidential immunity can be waived, and that Trump waived it here. That’s the law of the case. It controls the outcome.”
 

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