cont'd E. Jeanne Carrol vs donald trump :
Exactly one week before Donald Trump's deposition, a federal judge refused the former president's request to pause E. Jean Carroll's defamation lawsuit.
lawandcrime.com
Carroll’s attorney
Roberta Kaplan announced that she intends to file a separate lawsuit on Nov. 24, 2022, the date that New York’s Adult Survivors Act goes into effect. The removes what would have been the bar for Carroll to pursue her rape allegations themselves in civil litigation.
“The question whether Mr. Trump in fact raped Ms. Carroll is central to this case,” the opinion states. “But it will be central also to the new case that almost certainly will be filed on November 24, 2022 or soon thereafter. Accordingly, discovery and evidence relating to whether or not the alleged rape occurred is relevant to both cases. Mr. Trump has pointed to no discovery or other proceedings that would occur in this case absent a stay that would not be relevant also to the imminent new case.”
Former federal prosecutor
Mitchell Epner called the ruling a “big win” for Carroll in that it keeps discovery alive before the new lawsuit is filed.
Calling the imminent case “a much better claim with much clearer damages than a claim for defamation,” Epner predicted that Carroll’s attorneys may pursue the latter lawsuit more vigorously than the original one.
Carroll, a former Elle magazine columnist, has said she also
plans to sue Trump on Nov. 24 for battery and inflicting emotional distress.
On that date, a recently enacted New York state law gives victims of sexual misconduct a one-year window to sue over alleged sexual misconduct even if the statute of limitations has expired.