I posted this last night in the WAR thread, but now that we have a dedicated article on the story, I’ll repost it here…
Just read the decision in the Mary Trump case…
Greenwald completely shredded Harder (Robert’s atty)'s argument – going to considerable length to show how Harders citation were irrelevant to this case, and in one instance, making it clear that Harder completely distorted the meaning of a quote that was used by cutting off the concluding clause, to wit:
Macdonald v Clinger, 84 A.D.2d 482 (4th Dep’t, 1982) where the court found an action sounded
in tort where a psychiatrist disclosed personal information learned during a course of treatment…
Quote continues: “… and compensated in damages.” (emphasis in original)
Here are a few other key quotes…
(on Simon and Schuster)
P. 7) Plaintiff has not demonstrated the agency relationship between S&S and MARY L. TRUMP or that S&S has acted in concert with MARY L. TRUMP.
P. 8) None of the three prongs necessary for the court to grant a preliminary injunction against S&S have been met by plaintiff.
(on Mary Trump)
P. 4) Therefore, it could logically be inferred that the confidentiality clause contained in the Agreement, pertained only to these settlements and nothing else.
P. 8) None of the three prongs necessary for the court to grant a preliminary injunction against S&S have been met by plaintiff.
P. 10) ROBERT TRUMP has not demonstrated by “clear and convincing’ evidence that he has a likelihood of success on the merits of his case.
P. 11) There was no specific consideration given to anyone for confidentiality. The consideration was provided to settle disputes. The parties agreed to keep the settlement under seal. That’s it.
p. 12) Irreparable harm must be demonstrated, it is not obtained via a contract clause
p. 12) While the Agreement is deemed a contract, there simply are some things one cannot contract for, such as a right to injunctive relief. This must be determined by a court
p. 14) It is proclaimed, the enjoining of the publication of the Book is classic “prior restraint” and cannot be tolerated. The Book is characterized as “political speech”.
ETA:
Greenwald did not specifically address the fraud allegations, other than to note that they existed. He did, however, make a point of quoting from two cases on contract law that cited fraud as a reason why those contracts could be voided by a court. Here is one example
Stipulations will not be lightly set
aside, and to do so, good cause must be shown such as fraud, collusion, mutual mistake, duress,
unconscionability, or that the stipulation is contrary to public policy (See McCoy v. Feinman, 99
N.Y.2d 295 (2002)).