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A NY state appeals court rejected U.S. President Donald Trump's effort to dismiss a defamation lawsuit by Summer Zervos, a former contestant on his television show "The Apprentice", or delay it until after he leaves the White House. On Thursday an appellate court in NY ruled that Trump was not immune from being sued in state court and that a defamation lawsuit against him could move forward.
Donald Trump's efforts to get a defamation lawsuit thrown away have been dismissed by an appellate court in NY, which officially rejected the idea that a sitting president can not be sued in state court.
While the statute of limitations on such misconduct charges has long expired, Trump's caustic comments during the 2016 campaign that Zervos' claims were "total fiction" and "all false stuff" basically reset the clock. "There is no federal law that conflicts with the defamation claims that Zervos brought against Trump, the judge wrote".
A NY appeals court has ruled that President Donald Trump isn't immune from a defamation lawsuit filed by a former "Apprentice" contestant who accused him of unwanted kissing and groping.
In a 3-2 decision on Thursday, the Appellate Division in Manhattan said the US Constitution did not strip state courts of power to decide cases arising under state constitutions, even if they involved sitting presidents.
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In addition, according to Bragg, other cases were stalled in anticipation of the Zervos decision, including one by the New York State Attorney General against the Donald J. Trump Foundation. Several other women have also accused Trump of improper sexual conduct.
"Instead, we find that the Supremacy Clause was never meant to deprive a state court of its authority to decide cases and controversies under the state's constitution".
President Trump's attorneys have argued his words were opinions and protected speech made during the course of a competitive campaign.
In the lawsuit, Zervos alleged that Trump "wrongly smeared her" and subjected her to threats by claiming that the accusations of sexual misconduct and harassment were lies. In August 2018, that case's judge ruled against Mr. Trump's legal team, who argued the president couldn't be a defendant in the case.
All five justices found Ms Zervos's defamation claim legally sufficient, without ruling on its merits. But he singled out Zervos' allegations, calling them a "hoax", and "fabricated and made-up charges".
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Zervos is seeking a retraction, an apology, and compensatory and punitive damages.
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