Judge upholds the $5 million jury verdict against Trump

Personal Injury

A federal judge on Wednesday upheld a $5 million jury verdict against Donald Trump, rejecting the former president’s claims that the award was excessive and that the jury vindicated him by failing to conclude he raped a columnist in a luxury department store dressing room in the 1990s.

Judge Lewis A. Kaplan said the jury’s May award of compensatory and punitive damages to writer E. Jean Carroll for sexual abuse and defamation in the civil case was reasonable.

Trump’s lawyers had asked Kaplan to reduce the jury award to less than $1 million or order a new trial on damages. In their arguments, the lawyers said the jury’s $2 million in compensatory damages granted for Carroll’s sexual assault claim was excessive because the jury concluded that Trump had not raped Carroll at Bergdorf Goodman’s Manhattan store in the spring of 1996.

Kaplan wrote that the jury’s unanimous verdict was almost entirely in favor of Carroll, except that the jury concluded she had failed to prove that Trump raped her “within the narrow, technical meaning of a particular section of the New York Penal Law.”

The judge said the section requires vaginal penetration by a penis while forcible penetration without consent of the vagina or other bodily orifices by fingers or anything else is labeled “sexual abuse” rather than “rape.”

He said the definition of rape was “far narrower” than how rape is defined in common modern parlance, in some dictionaries, in some federal and state criminal statutes and elsewhere.

The judge said the verdict did not mean that Carroll “failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’ Indeed ... the jury found that Mr. Trump in fact did exactly that.”

Trump’s lawyers were correct in arguing that the $2 million award for sexual abuse would have been excessive if the jury based the compensatory award on a conclusion that Trump had groped Carroll’s breasts through her clothing or similar conduct, the judge said. But, he said, that’s not what the jury found.

Related listings

  • Philly cops fired over Facebook posts can pursue First Amendment claim

    Philly cops fired over Facebook posts can pursue First Amendment claim

    Personal Injury 06/30/2023

    A dozen Philadelphia police officers who were fired or suspended for racist and violent social media posts can pursue a lawsuit against the city claiming their First Amendment rights were violated, a federal appeals court ruled.The officers’ so...

  • Austrian court restarts US extradition proceedings for Ukrainian

    Austrian court restarts US extradition proceedings for Ukrainian

    Personal Injury 06/15/2023

    An Austrian court said Friday that it has ruled in favor of Ukrainian businessman Dymitro Firtash in a years-long legal saga over a U.S. bid to have him extradited to face corruption charges, sending the extradition case back to square one.Firtash fa...

  • Arizona GOP loses bid to undo $18K in fees over 2020 lawsuit

    Arizona GOP loses bid to undo $18K in fees over 2020 lawsuit

    Personal Injury 04/25/2023

    An appeals court has rejected a bid by the Arizona Republican Party and its lawyers to undo $18,000 in attorneys’ fees that they were ordered to pay for bringing one of the party’s failed lawsuits challenging President Joe Biden’s 2...

Business News

New York Adoption Lawyers Rosin Steinhagen Mendel is a law firm dedicated to serving our clients in New York City. >> read
Chicago Work Accident Lawyers at Krol, Bongiorno & Given have been a leader in the field of workers' compensation law. >> read