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DonViejo

(60,536 posts)
Mon Mar 19, 2018, 06:25 PM Mar 2018

George W. Bush appointee assigned to Stormy Daniels suit against Trump


Trump team's move to federal court is likely to be challenged.

By JOSH GERSTEIN 03/19/2018 04:10 PM EDT

Adult film actress Stormy Daniels’ lawsuit against President Donald Trump has been assigned to a federal judge appointed by President George W. Bush.

Los Angeles-based U.S. District Judge S. James Otero picked up the case Monday, after lawyers for Trump and a firm controlled by Trump personal attorney Michael Cohen formally removed the case from state court.

The suit, filed by Daniels earlier this month in L.A. Superior Court, seeks to invalidate a nondisclosure agreement she signed before the 2016 election in exchange for a payment of $130,000. The deal called for Daniels to keep quiet about what she told friends was a sexual encounter and ensuing relationship with Trump about a decade earlier, but Daniels’ suit contends that the contract is invalid because Trump never signed it.

Daniels’ attorney, Michael Avenatti, said on Twitter last week that he believed Trump’s effort to move the case to federal court is an effort to preserve an arbitration provision in the agreement. Federal courts often enforce such provisions strictly, while state courts are sometimes more lax about enforcing them.

It’s unclear whether Trump’s effort to force the case into federal court will work.

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https://www.politico.com/story/2018/03/19/url-stormy-daniels-lawsuit-judge-assigned-471854
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George W. Bush appointee assigned to Stormy Daniels suit against Trump (Original Post) DonViejo Mar 2018 OP
So he was judge shopping? Wwcd Mar 2018 #1
NDA just proves that Trump has plenty hide Angry Dragon Mar 2018 #2
If the ruling is that the NDA was not enforceable because it wasn't signed by the principals Mr. Ected Mar 2018 #3

Mr. Ected

(9,670 posts)
3. If the ruling is that the NDA was not enforceable because it wasn't signed by the principals
Mon Mar 19, 2018, 06:34 PM
Mar 2018

Then there's no arbitration clause to enforce.

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