By Jonathan Stempel
NEW YORK (Reuters) – A lawyer for Donald Trump mentioned on Monday a doable battle of curiosity involving the decide who oversaw E. Jean Carroll‘s latest defamation trial might justify overturning the author’s $83.3 million award.
In a letter filed in federal courtroom in Manhattan, the lawyer Alina Habba cited a Jan. 27 New York Submit article discussing U.S. District Decide Lewis Kaplan’s alleged prior working relationship with Carroll’s lawyer Roberta Kaplan, who will not be associated.
Each labored about two years on the identical time on the regulation agency Paul, Weiss, Rifkind, Wharton & Garrison within the early Nineties, earlier than Decide Kaplan was appointed to the federal bench in 1994.
The article quoted an unnamed former Paul Weiss associate who mentioned Roberta Kaplan sought to tell apart herself, like all associates, and Decide Kaplan had been “like her mentor.”
Habba mentioned this “significantly regarding” matter may justify a brand new trial on legal responsibility and damages, which the decide’s “overtly hostile” remedy of Trump’s aspect and “preferential” remedy of Carroll’s aspect may additionally assist.
Trump plans to enchantment final Friday’s $83.3 million verdict, which stemmed from his June 2019 denials that he raped Carroll in a Bergdorf Goodman division retailer dressing room within the mid-Nineties.
Decide Kaplan’s chambers didn’t instantly reply to a request for remark after enterprise hours.
Spokespeople for Carroll and Roberta Kaplan didn’t instantly reply to comparable requests, however one spokesperson instructed the Submit that no battle existed. Paul Weiss additionally didn’t instantly reply to a request for remark.
Habba’s letter cited amongst different issues the Code of Conduct for U.S. Judges.
The code says judges shall disqualify themselves from circumstances the place their impartiality would possibly moderately be questioned, together with when “a lawyer with whom the decide beforehand practiced regulation served throughout such affiliation as a lawyer regarding the matter.”
Carroll’s $83.3 million verdict included $18.3 million of compensatory damages and $65 million of punitive damages.
A unique jury final Might awarded the previous Elle journal recommendation columnist $5 million, discovering Trump liable for the same October 2022 defamation and for sexual abuse.
Trump is interesting that verdict. The primary jury’s findings have been binding for the second trial, leaving the jury there to focus solely on damages.
(Reporting by Jonathan Stempel in New York; Enhancing by Stephen Coates)
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