Collateral Estoppel's Ascent to Pop Culture: Who Would've Thought?
E. Jean Carroll's successful defamation case against Donald Trump goes to the very definition of collateral estoppel, aka issue preclusion.
September 13, 2023 at 02:07 PM
4 minute read
CommentaryAfter E. Jean Carroll accused Donald Trump of sexually assaulting her decades earlier in a department store dressing room, he called her a liar; he also accused her of just trying to sell a "crummy book" and damage him politically as part of a Democratic Hoax. That began in 2019, but his assertions continued for four years. Carroll sued Trump in New York state court in 2019, but the case was then removed to federal court by then-Attorney General Bill Barr, and then traveling to the Second Circuit and DC Court of Appeals to determine whether Trump's statements were part of his official presidential duties. They were not.
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