Quote:
New York does not, but I have seen some case law in which Federal courts sitting in New York have limited exemplaries to 3x compensatories.
Have a link or cite?
I'm Gipper
Quote:
New York does not, but I have seen some case law in which Federal courts sitting in New York have limited exemplaries to 3x compensatories.
I'm sorry, you can continue to try to argue this and attempt to sound as if you're not predjudiced, but please realize that this incredibly narrow needle you're trying to thread does nothing but continue to destroy faith in our judicial system.Antoninus said:Were they different, more-hurtful words? Were the words disseminated more-widely? Did more people hear them? Lots of variables.jrdaustin said:Honestly, if we're discussing damages, and assuming arguendo that defamation actually took place, once someone has been defamed, how can you defame them MORE? If the first defamation was cured by a $5 million verdict, how can a second statement defame to the tune of $18.3 Million?eric76 said:Foreverconservative said:
Trial 1 already found Carroll defamed and compensated. How can someone be defamed again with same set of facts? Res Judicata.
If you continue to defame someone after a trial which you lose, you should be free to defame them in whatever way you wish from then on? Is the continued defamation not actionable?
At what point do words said do no damage, but are simply the ramblings of one who lost? Never? Each consecutive time he says something, the damage is WORSE?
Even if he said the exact same words again, it was surely yet another defaming.Antoninus said:Were they different, more-hurtful words? Were the words disseminated more-widely? Did more people hear them? Lots of variables.jrdaustin said:Honestly, if we're discussing damages, and assuming arguendo that defamation actually took place, once someone has been defamed, how can you defame them MORE? If the first defamation was cured by a $5 million verdict, how can a second statement defame to the tune of $18.3 Million?eric76 said:Foreverconservative said:
Trial 1 already found Carroll defamed and compensated. How can someone be defamed again with same set of facts? Res Judicata.
If you continue to defame someone after a trial which you lose, you should be free to defame them in whatever way you wish from then on? Is the continued defamation not actionable?
At what point do words said do no damage, but are simply the ramblings of one who lost? Never? Each consecutive time he says something, the damage is WORSE?
1939 said:
This Jean Carroll thing is just absolutely nuts, anyone can just claim with no evidence that they were assaulted 30 years ago, then if you deny it it's defamation and you owe them $83 million.
It's pure lunacy, what a sham of a country we live in.
True, but would the same words give rise to the same damages or to additional damages?eric76 said:Even if he said the exact same words again, it was surely yet another defaming.Antoninus said:
Were they different, more-hurtful words? Were the words disseminated more-widely? Did more people hear them? Lots of variables.
If there are further damages after the first trial, then the defendant should not be able to take that to trial?aggiehawg said:Here's the problem though. Jury did not find he had raped her. But after that verdict she went on CNN and claimed again that he had raped her. Trump then countersues in June 2023 for defamation for her untruthful statements. But the judge dismisses it and the reason why is a doozy.Quote:
The question of whether or not he assaulted her was decided in the first trial. He had no right to litigate it again in the second trial.Quote:
Trump and his legal team claimed that the former magazine writer defamed him when she said that he raped her on CNN.
Carroll made these comments during an interview after she won one of her lawsuits against the former president in May. The jury in that case found Trump liable for battery and defamation. Jurors found he did sexually abuse the writer and defamed her when he denied her allegation. Carroll was awarded $5 million in damages.Quote:
When Carroll was asked by CNN about the verdict finding Trump didn't rape her as defined under New York law she responded, "Oh, yes he did."
For that, Trump sued the writer back in June.Quote:
And on Monday, federal Judge Lewis Kaplan said Carroll's statements repeating the claim that Trump had raped her were "substantially true" given the jury's verdict in that case.LINKQuote:
Judge Kaplan wrote in his dismissal that the jury in May established that "Mr. Trump 'raped her,' albeit digitally rather than with his *****."
"In fact, both acts constitute 'rape' in common parlance, its definition in some dictionaries, in some federal and state criminal statutes, and elsewhere," he wrote.
Other states' criminal statutes? What do they have to do with NY law?Quote:
At the end of the two-week trial in Carroll II, on May 9, 2023, the jury deliberated for approximately two and a half hours. On the first count of battery, the jury was asked to evaluate whether Trump had, by a preponderance of the evidence, committed an ASA predicate sex offense, thereby reviving Carroll's claim. See C.P.L.R. 214-j. Consistent with the parties' proposals, the jury was presented with three possible ASA predicates under New York's criminal code: rape, sexual abuse, and forcible touching. Carroll II, ECF 174. The Court instructed the jury to address each predicate in that order until they found that Trump's conduct fit one of those offenses, if at all. Id. The jury answered "no" on rape and "yes" on sexual abuseand it awarded Carroll a total of $2.02 million in damages on that claim.Those are from Carroll's own memorandum of law in support of her motion to dismiss his counterclaim.Quote:
As the Court instructed the Carroll II jury, under the New York Penal Law, rape requires proof that the defendant engaged in sexual intercourse with the victim and did so without the victim's consent by the use of forcible compulsion. Carroll II Trial Tr. at 1416. "Sexual intercourse" is defined as "any penetration, however slight, of the ***** into the vaginal opening." Id. at 1417. Sexual abuse, by contrast, similarly requires proof that the defendant subjected the victim to sexual contact and did so without the victim's consent by the use of forcible compulsion. Id. at 1418. "Sexual contact" is defined as "any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either person." Id. "Sexual part" is defined as "an organ of human reproduction." Id.; see People v. Blodgett, 37 A.D.2d 1035, 1036 (3d Dep't 1971).
LINK
There is a distinction between rape using a male sexual organ and using fingers which is sexual contact under the sexual abuse. See those words "by contrast"? That means there is a difference between the two under NY law.
Another bone of contention was that Carroll was somehow defamed when Trump called her a "Democratic operative." Now calling a staunch conservative Republican a "Democrat" might be offensive but is it really defamatory? Especially if it is true? Can there even be a question of her political agenda here? After her shaemless comments post the current verdict?
Her testimony and public statements were that she was not going to sue Trump. But then a meeting was set up by Erica Jong's daughter* and George Conway and he arrived armed with a power point presentation, the name of lawyer already on board and the financing by Reid Hoffman.
Yet the judge refused to allow evidence (even Reid's own tweet admitting he was funding her lawsuit specifically) to be presented on this disputed fact. That was in the trial that Tacopina tried. Was not allowed.
Lastly, the procedure ordered by the court to bifurcate the proceeding in order to set an issue preclusion a/k/a collateral estoppel for the second trial is shall we unusual. Liability and damages, if any, are almost always tried in the same civil case, particularly tort cases which is what defamation is, a tort. As is a claim under the Adult Survivors Act. Personal injury, i.e. a tort.
This was a set up from the get go. After Team Mueller was unsuccessful in baiting Trump into an obstruction charge, the Trump haters changed tactics and used a different approach and boy did it work. Just like clockwork almost like it was planned, didn't?
*Erica Jong was a soft porn writer in the early 70s. And I am not talking about bodice ripping romance novels, nor a Jackie Collins or Danielle Steel level of writer. And she and Carroll tended to write in same genre and are long term friends.
eric76 said:Even if he said the exact same words again, it was surely yet another defaming.Antoninus said:Were they different, more-hurtful words? Were the words disseminated more-widely? Did more people hear them? Lots of variables.jrdaustin said:Honestly, if we're discussing damages, and assuming arguendo that defamation actually took place, once someone has been defamed, how can you defame them MORE? If the first defamation was cured by a $5 million verdict, how can a second statement defame to the tune of $18.3 Million?eric76 said:Foreverconservative said:
Trial 1 already found Carroll defamed and compensated. How can someone be defamed again with same set of facts? Res Judicata.
If you continue to defame someone after a trial which you lose, you should be free to defame them in whatever way you wish from then on? Is the continued defamation not actionable?
At what point do words said do no damage, but are simply the ramblings of one who lost? Never? Each consecutive time he says something, the damage is WORSE?
The Supreme Court?Quote:
This is in part a road book but our protagonists, instead of Thelma and Louise, are Carroll and Lewis, her poodle. Carroll lives alone in an upstate New York house painted white with black stripes. She left her cat, Vagina T Fireball, behind with a friend. Her car, a Prius bought secondhand for $6,000 and hand-painted with blue polka dots and green frogs, is named Miss Bingley, for the mean girl in Pride and Prejudice. Are you getting a sense of Auntie E's special eccentricities?
Carroll had planned to write about driving around the US, visiting towns named for women Bonnieville, Kentucky; Pocahontas, Missouri; Tallulah, Louisiana and asking a satirical question: "Ladies! What do we need men for?"
The premise derived from Carroll's observation, after 25 years writing her column, that most female correspondents' problems were caused by "lads" and "chaps".
"The whole female sex seems to agree that men are becoming a nuisance with their lying, cheating, robbing, perjuring, assaulting, murdering, voting debauchers on to the supreme court, threatening one another with intercontinental ballistic nuclear warheads, and so on," Carroll pronounces on page one in the first of many flamboyant adjectival lists.
LINKQuote:
"I don't know how many apertures and openings you possess, Ladies, but Moonves, with his arms squirming and poking and goosing and scooping and *****ing and pulling and prodding and jabbing, is looking for fissures I don't even know I own, and by God! I am not certain that even if I pull off one of his arms, it won't crawl after me and attack me in my hotel bed. Hell, I am thrilled I escape before he expels his ink!"
If Carroll had a tattoo for every time she was insulted, fondled or attacked by a "chap", she would look like a Maori warrior.
TXAggie2011 said:eric76 said:Even if he said the exact same words again, it was surely yet another defaming.Antoninus said:Were they different, more-hurtful words? Were the words disseminated more-widely? Did more people hear them? Lots of variables.jrdaustin said:Honestly, if we're discussing damages, and assuming arguendo that defamation actually took place, once someone has been defamed, how can you defame them MORE? If the first defamation was cured by a $5 million verdict, how can a second statement defame to the tune of $18.3 Million?eric76 said:Foreverconservative said:
Trial 1 already found Carroll defamed and compensated. How can someone be defamed again with same set of facts? Res Judicata.
If you continue to defame someone after a trial which you lose, you should be free to defame them in whatever way you wish from then on? Is the continued defamation not actionable?
At what point do words said do no damage, but are simply the ramblings of one who lost? Never? Each consecutive time he says something, the damage is WORSE?
Right. It's much like the Breakfast Club when Bender keeps talking and keeps getting more and more detention.

Way to stick to your guns and fight Alina!Fat Black Swan said:Trump lawyers to use ‘conflict of interest’ between judge, Carroll’s lawyer in appeal of $83.3M jury verdict: ‘Insane’ https://t.co/5T706F8XjB pic.twitter.com/rYMTA1U0AZ
— New York Post (@nypost) January 28, 2024Quote:
Donald Trump's lawyers will use an "insane" and previously unknown "conflict of interest" between E. Jean Carroll's lawyer and the judge presiding over her defamation case against the former president as the basis of their appeal seeking to toss the eye-popping $83.3 million jury verdict, The Post has learned.
Trump lawyer Alina Habba said she was unaware Manhattan federal Judge Lewis Kaplan and Carroll's lawyer Roberta Kaplan worked together in the early 1990s at the same powerhouse white-shoe law firm until Saturday, when asked about it by Post columnist Charles Gasparino, who was told by a source that the judge was once Roberta Kaplan's "mentor.
During her early years at Paul Weiss, she worked as associate of the firm at the same time as Judge Kaplan, who was a partner there until 1994 when he was appointed to the federal bench by then-President Bill Clinton.
Zak Sawyer, a rep for Roberta Kaplan, insisted no conflict exists.
"They overlapped for less than two years in the early 1990s at a large law firm when he was a senior partner and she was a junior associate and she never worked for him," said Sawyer, who declined to provide further comment.
But a former Paul Weiss partner who asked not to be named said like all associates at the firm, Roberta Kaplan did her best to distinguish herself before partners, including Lewis Kaplan.
"Lew was like her mentor," claimed the former partner.
Messages left with Judge Kaplan's chambers and a rep for Paul Weiss were not returned Saturday.
Update
— Adam Klasfeld (@KlasfeldReports) January 30, 2024
Trump's lawyer Alina Habba says, in short, that she was just asking questions about the New York Post article.
After Carroll's lawyer rejected it—and threatened to seek sanctions—Habba says the matter seems "resolved."
Background, @TheMessenger https://t.co/GnAJ79DAWp pic.twitter.com/ti9lgG5SJl
Can you point to where Aggiehawg said it was weak, I missed that. I pointed out these conflicts yesterday and I don't recall her saying it was weak. Some others did but I took them with a grain of salt.Im Gipper said:Way to stick to your guns and fight Alina!Fat Black Swan said:Trump lawyers to use ‘conflict of interest’ between judge, Carroll’s lawyer in appeal of $83.3M jury verdict: ‘Insane’ https://t.co/5T706F8XjB pic.twitter.com/rYMTA1U0AZ
— New York Post (@nypost) January 28, 2024Quote:
Donald Trump's lawyers will use an "insane" and previously unknown "conflict of interest" between E. Jean Carroll's lawyer and the judge presiding over her defamation case against the former president as the basis of their appeal seeking to toss the eye-popping $83.3 million jury verdict, The Post has learned.
Trump lawyer Alina Habba said she was unaware Manhattan federal Judge Lewis Kaplan and Carroll's lawyer Roberta Kaplan worked together in the early 1990s at the same powerhouse white-shoe law firm until Saturday, when asked about it by Post columnist Charles Gasparino, who was told by a source that the judge was once Roberta Kaplan's "mentor.
During her early years at Paul Weiss, she worked as associate of the firm at the same time as Judge Kaplan, who was a partner there until 1994 when he was appointed to the federal bench by then-President Bill Clinton.
Zak Sawyer, a rep for Roberta Kaplan, insisted no conflict exists.
"They overlapped for less than two years in the early 1990s at a large law firm when he was a senior partner and she was a junior associate and she never worked for him," said Sawyer, who declined to provide further comment.
But a former Paul Weiss partner who asked not to be named said like all associates at the firm, Roberta Kaplan did her best to distinguish herself before partners, including Lewis Kaplan.
"Lew was like her mentor," claimed the former partner.
Messages left with Judge Kaplan's chambers and a rep for Paul Weiss were not returned Saturday.Update
— Adam Klasfeld (@KlasfeldReports) January 30, 2024
Trump's lawyer Alina Habba says, in short, that she was just asking questions about the New York Post article.
After Carroll's lawyer rejected it—and threatened to seek sanctions—Habba says the matter seems "resolved."
Background, @TheMessenger https://t.co/GnAJ79DAWp pic.twitter.com/ti9lgG5SJl
As aggiehawg said immediately after this was posted, "weak"
Story came out before Alina was aware of it and sent that letter. Working at the same huge law firm for a couple years thirty years ago is too far in time without much else to be true conflict requiring recusal. Hence I opined that was a weak argument.Quote:
Can you point to where Aggiehawg said it was weak, I missed that. I pointed out these conflicts yesterday and I don't recall her saying it was weak. Some others did but I took them with a grain of salt.
Thanks there are two attorney's on here who's opinion I value more than others, you and the BMW guy or whatever his handle is. always very measured and even keeled.aggiehawg said:Story came out before Alina was aware of it and sent that letter. Working at the same huge law firm for a couple years thirty years ago is too far in time without much else to be true conflict requiring recusal. Hence I opined that was a weak argument.Quote:
Can you point to where Aggiehawg said it was weak, I missed that. I pointed out these conflicts yesterday and I don't recall her saying it was weak. Some others did but I took them with a grain of salt.
LOL. And not surprisingly being lawyers (or in my case retired lawyer) BMX and I don't always agree.Foreverconservative said:Thanks there are two attorney's on here who's opinion I value more than others, you and the BMW guy or whatever his handle is. always very measured and even keeled.aggiehawg said:Story came out before Alina was aware of it and sent that letter. Working at the same huge law firm for a couple years thirty years ago is too far in time without much else to be true conflict requiring recusal. Hence I opined that was a weak argument.Quote:
Can you point to where Aggiehawg said it was weak, I missed that. I pointed out these conflicts yesterday and I don't recall her saying it was weak. Some others did but I took them with a grain of salt.
agz win said:TXAggie2011 said:eric76 said:Even if he said the exact same words again, it was surely yet another defaming.Antoninus said:Were they different, more-hurtful words? Were the words disseminated more-widely? Did more people hear them? Lots of variables.jrdaustin said:Honestly, if we're discussing damages, and assuming arguendo that defamation actually took place, once someone has been defamed, how can you defame them MORE? If the first defamation was cured by a $5 million verdict, how can a second statement defame to the tune of $18.3 Million?eric76 said:Foreverconservative said:
Trial 1 already found Carroll defamed and compensated. How can someone be defamed again with same set of facts? Res Judicata.
If you continue to defame someone after a trial which you lose, you should be free to defame them in whatever way you wish from then on? Is the continued defamation not actionable?
At what point do words said do no damage, but are simply the ramblings of one who lost? Never? Each consecutive time he says something, the damage is WORSE?
Right. It's much like the Breakfast Club when Bender keeps talking and keeps getting more and more detention.
Did you come up with that on your own or did you read it somewhere? Impressive and I laughed.

JUST IN: Judge Kaplan has *denied* Donald Trump's motion for a stay of the civil verdict against him in the Carroll case.
— Kyle Cheney (@kyledcheney) March 7, 2024
"Mr. Trump's current situation is a result of his own dilatory actions," he writes.
https://t.co/siv6RjqmSs pic.twitter.com/uzB4F4cLRv
obviously, you know this, but many do not:BMX Bandit said:
Trump was able to secure a bond on this one through Chubb.
You can see it on X. The leftist are going nuts.
This background sure brings some questions into E Jean's character and motivations.Stat Monitor Repairman said:
Giver her credit. Crazy ol E Jean sure got Trump's goat. So we'll see.
Name somebody that got got worse than Trump got got here.
NEW: E. Jean Carroll’s lawyers have notified Judge Kaplan that they don’t oppose Trump’s proposed $91.63 million bond because Trump & his insurer have modified a provision that suggested Carroll could wait 60 days or more after an appellate victory to get paid. pic.twitter.com/tiMLi0mjWi
— Lisa Rubin (@lawofruby) March 11, 2024
of course not. No reasonable lawyer would object to Chubb as a surety.BMX Bandit said:
No surprise, no objection in the bond
NEW: Insurance giant Chubb issues letter to customers defending $91.6 bond for Trump to facilitate his appeal in Carroll libel case. Company calls itself 'part of the justice system plumbing' & says bond 'fully collateralized' if verdict is upheld. Stmt: https://t.co/mhK8jOBUH6
— Josh Gerstein (@joshgerstein) March 13, 2024
It is sad that Chubb felt it necessary to explain this basic premise of the legal system.will25u said:
Here is the right thread...NEW: Insurance giant Chubb issues letter to customers defending $91.6 bond for Trump to facilitate his appeal in Carroll libel case. Company calls itself 'part of the justice system plumbing' & says bond 'fully collateralized' if verdict is upheld. Stmt: https://t.co/mhK8jOBUH6
— Josh Gerstein (@joshgerstein) March 13, 2024
Whistle Pig said:
It seems being a pathological liar is a liability in a "he said she said" civil case.
Are those required to be filed before there is actually a debt to be paid? Chubb has not fronted any money here. It is a surety bond, not a loan.Quote:
I suspect that local sleuths will be scouring property records in search of deeds of trust.
The record — a Uniform Commercial Code filing dated March 7, 2024 — was filed by Chubb’s outside counsel, Akerman LLP, and lists two debtors: the Donald J. Trump Revocable Trust (into which Trump’s assets roll up) and Donald J. Trump, Jr., one of the trustees. 2/
— Lisa Rubin (@lawofruby) March 19, 2024
Antoninus said:you do not seem to have a very good understanding of the concept of "evidence." Her testimony is "evidence," as is Donald Trump's testimony. The province of the court is to determine which evidence to believe, in which evidence to discard.Quote:
…. she had zero proof of the assault. The burden of proof in a civil case is on the plaintiff, and she had no proof, but knew NYC jury would side with her without question.
Civil lawsuits simply do not require "conclusive" proof. They really acquire only "a preponderance of the evidence"…"more likely than not."
in this case, that means that the judicial system has determined that it is "more likely than not" that she is telling the truth, and Donald Trump is lying.
that is a very distinct question from the question of whether this particular sort of "lie" should give rise to a claim for defamation.