Donald Trump has “temporarily withdrawn” lawsuit against Bill Maher

[DonViejo]

The Donald proved he is not the spawn of an orangutan and expects the television host to pay up

BY PRACHI GUPTA

Donald Trump, demonstrating the first act of sanity since Bill Maher challenged him to prove he was not the “spawn of an orangutan,” has withdrawn the lawsuit against Maher–well, temporarily.

“The lawsuit was temporarily withdrawn to be amended and refiled at a later date,” Michael Cohen, Trump Executive Vice President and Special Counsel, told TMZ.

Maher’s orangutan comment and subsequent challenge had been a direct jab at Trump’s October announcement, in which the real estate mogul challenged President Obama to release his college transcript in exchange for $5 million donation to a charity of his choosing. Maher then jokingly challenged Trump to prove he is not the offspring of an orangutan, which everyone took to be a joke, except human joke Donald Trump. When the Donald offered up record of his very human birth, Maher didn’t pay up, and Trump sued, saying he “had an obligation to sue for charity.”

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http://www.salon.com/2013/04/02/donald_trump_has_temporarily_withdrawn_lawsuit_against_bill_maher/

[Hoyt]

1. Ah shoot, I was hoping to see that one go to the Supreme Court.

[MADem]

2. Translation: 'The Donald's' lawyer told him he'd be laughed out of court. nt

[Gothmog]

3. One report states that the case was dismissed with prejudice

One report states that the lawsuit was dismissed with prejudice http://www.deadline.com/2013/04/donald-trump-pulls-plug-on-5m-bill-maher-lawsuit/#utm_source=dlvr.it&utm_medium=twitter

The Celebrity Apprentice host had his lawyers file the request for dismissal with prejudice in LA Superior Court on March 29. Trump, whose NBC show hit a season low last night, first filed the breach of contract suit back in early February against the HBO host. He said that Maher broke a written promise that he’d give $5 million to the charities of Trump’s choice if The Donald could prove he wasn’t “the spawn of his mother having sex with an orangutan.”

If this lawsuit was dismissed with prejudice, then it can not be refiled.

If the case was non-suited or dismissed without prejudice, I am wondering why this was done. Trump is suing under contract but part of his claim may lie in libel/false light which has a one year limitations period in many states. I know that you have one year to bring such a claim in Texas where I am licensed.

Again, it is not normal to dismiss a case like this even if it was done without prejudice.

[Guy Whitey Corngood]

4. So there is a chance Maher is right. Hmmm interesting. nt