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FM123

(10,054 posts)
Fri Aug 17, 2018, 12:23 PM Aug 2018

Judge Rules That Mistake In Trump NDA Makes It Void, Could Apply To Others

Judge Arlene Bluth of the New York State Supreme Court ruled Thursday that errors in the wording of a nondisclosure agreement between President Donald Trump’s team and a former campaign staffer make it much smaller in scope, thus not preventing the case from going to open court, according to a Thursday Yahoo News report.

The initial lawsuit was filed by Jessica Denson, a former campaign aide who said that she experienced “harassment and sexual discrimination” while working on the 2016 bid. Per Yahoo, she is suing for $25 million for being subjected to “severe and pervasive slander, aggravated harassment, attempted theft, cyberbullying, and sexual discrimination and harassment” at the hands of staffers including Camilo Sandoval, her supervisor then and the current acting chief information officer at the VA.

Campaign lawyers countered by demanding $1.5 million in damages, alleging that she broke the signed agreement by publishing “confidential information and disparaging statements.” They then moved to take the case to private arbitration, claiming that she agreed to that when she signed the contract. As opposed to a normal trial, records from arbitration can be sealed.

Bluth ruled that, due to various wording errors and incorrect phrasing in the NDA, it did not prevent Denson from taking her case public.
This could have far-ranging effects, as the NDA Denson signed seems to be similar to the one Trump uses in the White House and at the Trump Organization, along with his campaign.

The ruling could be especially topical, as the Trump administration is currently trying to silence former aide Omarosa Manigault Newman by claiming that she violated the terms of the NDA.

https://talkingpointsmemo.com/news/judge-rules-that-mistake-in-trump-nda-makes-it-void-could-apply-to-others

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Judge Rules That Mistake In Trump NDA Makes It Void, Could Apply To Others (Original Post) FM123 Aug 2018 OP
The actual ruling.... jberryhill Aug 2018 #1
I misread this at first... potone Aug 2018 #2
A pro se plaintiff beat trump in this case Gothmog Aug 2018 #3

potone

(1,701 posts)
2. I misread this at first...
Fri Aug 17, 2018, 12:53 PM
Aug 2018

and thought it said “a mistake in Trump’s DNA...” For one moment I thought our troubles might be over! Sad!

Gothmog

(145,635 posts)
3. A pro se plaintiff beat trump in this case
Fri Aug 17, 2018, 01:51 PM
Aug 2018

trump's attorneys were beaten by a pro se plaintiff https://www.yahoo.com/news/judge-says-trump-campaign-screwed-wording-confidentiality-agreements-025613573.html

“There is simply no way to construe this arbitration clause in this agreement to prevent … pursuing harassment claims in court. The arbitration clause could have been written to require any disputes arising out of … employment to go to arbitration. … But it did not,” wrote Bluth.

Bluth’s ruling became public today when Denson tweeted a copy of the order. It is notable because Denson is representing herself and still defeated the Trump campaign’s lawyers. The judge’s decision represents a rare victory for a pro se litigant, the legal term for a person proceeding in court on their own behalf against a party represented by licensed attorneys. Denson, a young actress, declined to comment on this story.

Trump cheats and does not pay his attorneys and so the good firms refuse to represent him. Here trump used a crappy form that was drafted by a weak law firm.

This result makes me smile
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