Showing posts with label Law Suit. Show all posts
Showing posts with label Law Suit. Show all posts

January 23, 2017

Law Suit Vs.Trump Continues but It Wont be Legally Easy


The government watchdog group Citizens for Responsibility and Ethics in Washington, which sued President Trump on Monday for alleged ethics violations, describes its mission as reducing the influence of money in politics. 
That work will become a central question in its attempt to prove in federal court that Trump violated the Constitution's Emoluments Clause by failing to dissolve his business interests with foreign governments.  Before CREW can pursue its case, it must convince a judge in the Southern District of New York it has been legally harmed by Trump's alleged conduct. CREW says it has been forced to spend enormous time and resources in response to Trump's decision to maintain his business empire while president. 
 That tact is considered a long shot, because judges tend to want to see claims from people or groups that can show more obvious, direct harm. 
But the group thinks it has prior rulings on its side, and a relatively sympathetic audience in Manhattan's federal courts. 
"Our mission at CREW is to make government better, and instead we've had to spend a lot of time to deal with Donald Trump's unconstitutional behavior," vice-chair Norman Eisen told MSNBC.  Eisen, who served as an ethics lawyer for former President Barack Obama, also acknowledged that, if the case is allowed to proceed, CREW could force Trump to do what he has so far resisted: release his tax returns. 
"The lawsuit is being brought to enforce the Constitution. In order to establish the emoluments violations, we are going to need to see the president's tax returns," he said. “We're going to seek them in discovery, so this is a vehicle in order to enforce the Constitution to get those taxes."

If they get that far, their case will break new ground. The Emoluments Clause has not been tested in the modern era. And there is no comparable example of a president owning such a large business empire. 
The suit alleges that Trump violated the Constitution the moment he was sworn in as president on Friday because he had not divested his interests in the Trump Organization, including leases held by foreign governments in Trump Tower, bookings by foreign governments at Trump International Hotel in Washington and payments from foreign government-owned broadcasters related to "The Apprentice." The lawsuit also cites Trump deals involving China, India, the United Arab Emirates, Indonesia, Turkey, Scotland, the Philippines, Russia, Saudi Arabia and Taiwan.  

Trump has insisted his plan to avoid potential conflicts of interest prevent any violations of the Emoluments Clause, which says: "No Person holding any Office of Profit or Trust ... shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State." 
Trump lawyer Sheri Dillon, who outlined the president's plan in a Jan. 11 press conference, said he would donate all hotel profits from foreign government payments to the U.S. Treasury. But CREW argues that it's illegal to accept the payments in the first place. 

September 2, 2016

Melania Trump Hires “The Hulk” Attorney to Sue Publication and a Blogger

Melania Trump, wife of the Republican nominee for U.S. President, filed a defamation lawsuit on Thursday against Mail Media, parent company of the UK publication, The Daily Mail, as well as a blogger named Webster Griffin Tarpley.

In a complaint lodged in Maryland Circuit Court, Ms. Trump is taking issue with an Aug. 19 article entitled, "Naked photoshoots, and troubling questions about visas that won't go away: The VERY racy past of Donald Trump's Slovenian wife."

She is represented by Charles Harder, the same attorney who handled Hulk Hogan's privacy suit in a victory for the former professional wrestler that bankrupted Gawker Media with a $140 million verdict.

The story in The Daily Mail covered Trump's journey to New York in the mid-1990s and raised questions about her past based on "highly-charged, lesbian-themed, nude photographs," the exact timing of when she traveled to the U.S. on a visa, and her stint working for a modeling agency. The article relied on the work of a Slovenian journalist who had co-authored an unauthorized biography of Ms. Trump as well as a report early last month in a Slovenian magazine to make the claim that her modeling agency was run by a New York entrepreneur, who allegedly also operated an escort agency for wealthy clients.

The article stated, "What Melania's [composite card] looked like only the people involved know, but it is no coincidence she got a rich husband."

According to Trump's lawsuit, "The statements of fact in the Daily Mail Article are false. Plaintiff did legitimate and legal modeling work for legitimate business entities and did not work for any 'gentleman's club' or 'escort' agencies. Plaintiff was not a sex worker, escort or prostitute in any way, shape or form, nor did she ever have a composite or presentation card for the sex business. Plaintiff did not come to the United States until 1996. Thus, Plaintiff did not, and could not have participated in a photo shoot in the United States or met her current husband in the United States prior to that time."

The lawsuit follows legal threats sent out by Trump's lawyer to a number of publications including Politico. 

Trump asserts that the The Daily Mail consciously doubted the truth of the claims in the article, but decided to publish it anyway, and that reporters there can't simply rely on "unsubstantiated" claims and "an unauthorized book written by malicious and bitter 'reporters' who have never met or spoken to Ms. Trump."

"The conduct of Daily Mail was despicable, abhorrent, intentional, malicious and oppressive, and thus justifies an award of punitive damages," states the complaint.

Besides defamation, Trump is also suing for tortious interference, contending that the published statements have gotten in the way of her "numerous" licensing and endorsement deals.

As for Tarpley, there's not much background on who this person is besides that he's an individual residing in Gaithersburg, Maryland and runs a blog on his own website.

In early April, Tarpley is said to have published a post entitled, "Where Is Melania Trump."

According to the complaint, the post talked about "rumors" that she was having an "apoplectic fit" after the "plagiarism incident" at the GOP convention. Tarpley's blog also mentioned she was "reportedly obsessed by fear of salacious revelations by wealthy clients from her time as a high-end escort."

Among the many many other statements in the blog post, Tarpley also allegedly wrote, "It is speculated that Trump will attempt to hide Melania's breakdown and rejection of campaigning from the media and the public for as long as possible."

Tarpley is said to have removed the blog post on Aug. 22 and published an apology and retraction. Nevertheless, he’s being sued in what could be a message to all others out there on the internet who might gossip about Donald Trump’s wife.

Eriq Gardner

This lawsuit will bring into the open Melania Trump’s past way beyond what was published about her.  Is this what she wants?   She is married to someone with a good track record of suing when he is displeased about what is being said. Needless to say they could not be happy with the Daily Mail story.
On Aug. 23 Adamfoxie Blog posted a story from Vanity Fair in which it claimed Melania Trump lied to the government on her schooling when she applied for a permit to work in the US.

August 26, 2013

NY State Sues The Donald

The state of New York has sued US property tycoon Donald Trump for $40m (£26m), alleging that his investment school engaged in illegal practices.
Prosecutors said the private Trump University had no licence and misled students into taking courses claiming to teach investment tricks.
More than 5,000 people allegedly paid over $40m to take the courses.
Mr Trump said in a tweet that New York State's attorney general was "trying to extort me with a civil law suit".
The tweet linked to a website saying that Trump University, as it was called until 2010, had a 98% approval rating.
In 2011 it changed its name to Trump Entrepreneur Initiative, but has attracted complaints and some civil lawsuits from people who said the school did not deliver what was promised to participants.
On Saturday Attorney General Eric Schneiderman said: "No-one, no matter how rich or popular they are, has a right to scam hard-working New Yorkers."
Between 2005-11, presecutors allege, the school made false claims about its classes, including that Mr Trump hand-picked the teachers.
But the celebrity property developer did not select a single instructor, and was barely involved with structuring the courses, the prosecutors added.

May 1, 2013

Rob Kardashian Law Suit for Assaulting Paparazzo on Dispute

Rob Kardashian has been slapped with a lawsuit by a female photographer who claims he assaulted her last month.
As Gossip Cop previously reported, a paparazzo namedAndra Vaik alleged that the reality star stole her camera’s memory card after she snapped shirtless photos of him outside a Los Angeles gym.
She filed a robbery report with police, but now claims Kardashian attacked her as well.
 “While this case is still in the preliminary stage, it is clear from our investigation that Robert Kardashian’s violent behavior and his use of force towards Ms. Vaik was completely unjustified,” her lawyer tells TMZ.
Kardashian hasn’t publicly commented on the ongoing dispute, but sources close to him have maintained that the photograph was trespassing on private property.


April 9, 2013

She Lost Her Hair Due To Cancer but Hooters Demands Wig }Lawsuit


Following brain surgery, your main worry should not be whether you’ll get fired at work for refusing to wear a wig that scrapes your scar. But former Hooters waitress Sandra Lupo contends in a lawsuit that’s what happened when she declined to don a wig and her hours were reduced so much, she was forced to quit.
She filed a disability discrimination lawsuit in Missouri against Hooters of St. Peters, LLC and Hooters of America LLC and is seeking $25,000 for mental and emotional distress, plus punitive damages, attorney fees and other relief.
"Hooters of America believes the lawsuit is without foundation, denies the accusations and has filed a motion that the lawsuit be dismissed," the company said in a statement to NBC News. Hooters, in an April 5 response to the court, denies most of her statements and says “its actions were taken for legitimate, nondiscriminatory business reasons.”
Hooters is a privately held chain of restaurants that bank on attractive waitresses wearing short shorts and cleavage-hugging shirts.
Lupo, who had been working at the Hooters of St. Peters, Mo., since 2005, was in her last six weeks of nursing school and was at her computer in June 2012 when she felt tingling and numbness on her left side. “I was bleeding out in my brain,” she told
She spent a week in the hospital following her July 2 surgery and was visited by her Hooters manager, according to her suit filed on the Circuit Court of St. Charles County.
The lawsuit claims that her store manager told her “she could return to work as soon as she was capable, and that, she could wear a ‘chemo cap’ or any other items of jewelry to distract from her lack of hair and the visibility of her cranial scar.”
Her hair had been cut to ¼-inch for the surgery.
On July 16, Lupo’s doctors gave her the all-clear to return to work. Soon after, she met with her manager and the Hooters' regional manager, who said she would be required to wear a wig at work, according to Lupo’s lawsuit.
Hooters’ April 5 filing does not address whether any of its employees told Lupo to wear a wig. It says that her manager “informed her she would need a head covering.”
At the time of the meeting, Lupo protested that she was unable to afford a wig, which can cost from several hundred to several thousands of dollars, according to her claim.
When she did return to work July 21, wigless, she was told a wig was required. She then borrowed a wig but it “caused extreme stress to her body because of the surgery and the healing wound,” according to the suit.
Hooters then reduced her hours “to the point that Plaintiff could not earn an income, thereby forcing Plaintiff to quit,” according to the suit. “It is and has been the routine custom, policy and practice of Defendants to reduce their employees’ hours which forces them to voluntarily resign thereby making them ineligible for unemployment compensation.”
The Hooters filing specifically denies that allegation.
After Lupo said she could not wear the wig, Hooters stopped scheduling her for as many hours, she said.
“I actually had to beg for one shift a week,” Lupo said. Pre-surgery, she was working several days a week while finishing nursing school. She had also trained staff and worked promotions for the restaurant, but no alternate duties were offered to her.
“They refused to accommodate it,” she said.
Today she is recovered, graduated and working as a registered nurse.
“Justice,” she said, is the main goal of the lawsuit
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