Tuesday, December 5, 2017
Trump's Lawyers Move To Silence Accuser
Despite the charges of sexual abuse and harassment in nearly every sector of America becoming a daily event, our highest profile predator remains free and defiant. Sociopath and admitted genital-grabber Donald "Rump" Trump and his enablers have denied the accusations by 14 women that he sexually assaulted them over the past couple of decades.
One accuser, former The Apprentice contestant Summer Zervos, filed a defamation suit against Rump last January after Rump repeatedly denied he sexually harassed her while on his TV program. Now, that suit is being challenged in New York Civil Court by Rump's lawyers who assert that Rump can't be sued in State civil courts while President. If the judge dismisses the lawyers' contention, the case will move to the New York State Supreme Court. If the NYC case is decided in her favor, Zervos has asked for a jury trial and to receive unspecified compensatory and punitive damages.
UPDATE: In the comments, commenter Jeff Ryan offers clarification of the process that the suit would follow in New York.
Subscribe to:
Post Comments (Atom)
This seems a little unclear.
ReplyDeleteThe highest court in New York is the Court of Appeals, not the Supreme Court. the New York Supreme Court is a trial-level court.
Jeff -- From reading the Reuters report, we gathered that if the NYC civil court dismisses Trump's motion to dismiss, the case would move to the State Supreme Court. In her January lawsuit, she indicated she'd be seeking a jury trial and damages from Trump. Hopefully, we'll get a decision today or tomorrow as to whether the suit can proceed.
ReplyDeleteNo, the Supreme Court of New York is a trial court, not an appellate court. I forget how exactly it works, since I never practiced in New York. But if the trial court dismisses the case, it goes first to the Appellate Division. If the trial court dismissal is reversed, it goes back to the trial court for trial.
ReplyDeleteNew York has a very confusing, arcane system. I have done research for New York cases, and it's next to impossible, if you don't work there every day, to understand it.
But in most states, the state "Supreme Court" is the highest court. In New York, it isn't.
Jeff -- Thanks for the clarification.
ReplyDeleteKeep in mind I probably have a lot of it wrong. It's a very bizarre system.
ReplyDeleteIt is bizarre - hats off to anyone who makes sense of it after you look at this: https://en.wikipedia.org/wiki/Judiciary_of_New_York_(state)
ReplyDelete