Discussion: Trump Appeals NY Judge Ruling That Zervos Defamation Suit Can Proceed

Drip. Drip. Drip.

I just hope this doesn’t push Hair Furor into dropping bombs somewhere as a distraction.

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Wasn’t it Trump who wanted to loosen up the libel and defamation laws?

Oh … right. Just for his benefit.

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Is it an appealable order? Like the incompetent attorneys representing him would even know. If the “appeal” is by way of a petition for writ like it would be in California, the odds of success would be something like .5% (yes, that small —along the lines of don’t even bother.)

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I’d like to hear from New York lawyers on how this can be appealed. In most states, appeals have to wait for a final judgment. In New York I know that the denial of a motion for summary judgment (a motion to throw a case out before trial on the basis that there is not enough evidence for the plaintiff to win) can be appealed. But I don’t know that a motion to dismiss the complaint can be. Any New York lawyers out here?

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Yes. Appealing this only prolongs the story.

(Note to self: Why on earth do you want to keep telling Trump what he should do? Just say, “Please proceed, sir,” and have done with it.)

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If this thing goes to trial it’ll be brutal. The whole story came out amid that incredible flurry of others, but this one is pretty close to a classic version of a nasty old lecher assaulting a much younger woman in a way that might have been winked at in 1947 but is now understood as the horrible thing it is.

ETA: And it’s got the famous writing-advice vivid details. He’s grabbing at her and she’s pushing him away, telling him to get real, and he repeats back “Get reeeeeallllll” in this weird, double-entendre way while thrusting at her ewwwww, and she’s still pushing and saying “Dude, you’re tripping right now!” I mean, I’ll spare your sensibilities from further assault myself but how do you not believe that? It rings completely true.

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In other news, anybody see how the Gun Nut apologists are getting their asses handed to them?

First Laura Ingraham gets snarky with Parkland shooting survivor David Hogg and he promptly goes after her 12 top advertisers in response (when I last looked, she’d lost 7 of them).

Second, draft dodger Captain Poopypants calls the gun protesting students soulless and is now whining cause not even the NRA will support him.

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Exactly. Here, we’d call it an “interlocutory” appeal of a non-final (discretionary & procedural) order.

Like you said, such a low-percentage shot it’s hardly worth the filing fee.

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Yeah I posted that story about Nuge elsewhere. Still have the cut and paste saved - here it is:

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Losers

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“Please proceed, Governor”

–> A classic Obama line from the second Romney debate. The epitome of cool & effective under pressure, encouraging one’s opponent to throw aside caution, to his detriment.

Just one more Obama contribution to our political conversation!

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Those kids are hugely appealing. They’re The Beatles of the gun-control movement, and they came along at exactly the right time to get things moving. And after having endured what they endured, they’re pretty close to immune from attack themselves. They were regular kids until a few weeks ago, when they survived a massacre. They’re not leftish movie stars or anything like that. They can’t be portrayed as out of touch. They’re more in touch than just about anyone in public life, actually. And they’re kids, kids you’d be glad if your own kids had as friends, because they’re smart and nice. Their relatability is one of the things that makes them so formidable. And their decision to become activists may well be the single worst thing that ever happened to the gun lobby. I sure as hell hope so.

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And Trump is the ultimate cowardly looser. . .

. . . . who is unfortunately destroying our country and ruining our citizens lives, not tom mention millions of others.

All totally true and thank the gods and goddesses for every one of those students. I wish what happened to motivate them hadn’t but since it did, this is an outcome we could have only dreamed of.

I have so much faith in this movement. I really do.

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Same with petitions for writs asking for review of orders overruling demurrers and denying dismissals and summary judgment. The petitioner files the petition and, in most cases, he or she receives a postcard notifying him or her of the summary denial the next day.

Love it!!

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Dozens can corroborate----or, ideally, file their own suits.

What I think is funny is that every time I have seen them up against a gun nut apologist, they have them for lunch. It looks like they are responding to the ‘Willie’ character on SNL. I’m waiting for one of them to shout:

“Hey Willie! There isn’t a bus short enough for ya!”

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I was thinking the same thing. In Oregon, where I practice, this would be an interlocutory appeal, which is improper under most circumstances. Unless there is some reason to mandamus on an issue for which there is no adequate legal remedy at law. But I’m not a New York lawyer.

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