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DonViejo

(60,536 posts)
Fri Aug 17, 2018, 11:20 AM Aug 2018

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

Source: Talking Points Memo



By Kate Riga | August 17, 2018 10:05 am

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.

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

32 replies = new reply since forum marked as read
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Judge Rules That Mistake In Trump NDA Makes It Void, Could Apply To Others (Original Post) DonViejo Aug 2018 OP
hahaha! he's got the best people! the best lawyers! bwahaha! unblock Aug 2018 #1
One word PJMcK Aug 2018 #26
He's probably hoping for a Gold Star for effort. TheBlackAdder Aug 2018 #31
Off to the greatest with thee. BumRushDaShow Aug 2018 #2
Very stable genius SayItLoud Aug 2018 #3
Sez who The Liberal Lion Aug 2018 #4
This is just to funny....................... turbinetree Aug 2018 #5
Yep PatSeg Aug 2018 #8
They have got to have a hand book on stupidity.....................on the night stand turbinetree Aug 2018 #10
You paint a perfect picture PatSeg Aug 2018 #25
Wado------------Thank you turbinetree Aug 2018 #29
These documents were poorly drafted and are void Gothmog Aug 2018 #6
Hahahahaha!!! 2naSalit Aug 2018 #7
Christ on a cracker. Cohen's work? Legal Zoom would've done a better job. catbyte Aug 2018 #9
Good Point........................ Legal Zoom.............I before E, except after C.. turbinetree Aug 2018 #11
I thought this was about Trump DNA... zaj Aug 2018 #12
KR NT ProudProgressiveNow Aug 2018 #13
Omarosa 1, Cheeto 0 nt Shumi Aug 2018 #14
This is the EXACT kind of thing to drive 45 berzerk. truthisfreedom Aug 2018 #15
Cohen was his lawyer for this stuff (n/t) PJMcK Aug 2018 #27
"similar to the one orange uses in the WH"-- since those people actually work for us, and we niyad Aug 2018 #16
On Another Thread, Just Today. . . ProfessorGAC Aug 2018 #18
thank you. the swamp just gets deeper and dirtier, does it not? niyad Aug 2018 #19
They Not Only Didn't "Drain The Swamp" ProfessorGAC Aug 2018 #24
Denson filed pro se and won against Trump's lawyers. LiberalFighter Aug 2018 #17
NICE!!!!!! niyad Aug 2018 #20
could trump sue his lawyers for malpractice for this RealNewzFakePrez Aug 2018 #21
Only if he had paid them Gothmog Aug 2018 #22
A pro se plaintiff beat trump in this case Gothmog Aug 2018 #23
Kickin' with gusto! Faux pas Aug 2018 #28
And Camilo Sandoval as the axe-weilding hatchet man? MadLinguist Aug 2018 #30
White House employees are working for the United States government FakeNoose Aug 2018 #32

unblock

(52,196 posts)
1. hahaha! he's got the best people! the best lawyers! bwahaha!
Fri Aug 17, 2018, 11:27 AM
Aug 2018

oh i would love it if his whole house of cards fell apart due to a lawyer's drafting error.



now i'm really curious to see the actual text....

turbinetree

(24,695 posts)
5. This is just to funny.......................
Fri Aug 17, 2018, 11:46 AM
Aug 2018

"Bluth ruled that, due to various wording errors and incorrect phrasing in the NDA, it did not prevent Denson from taking her case public."

No English 101 classes on sentence structure on how to construct proper wording in a sentence....................either in high school, grade school, or college and laws school.......................must have been using a NDA cheat sheet to pass the exams.............................

PatSeg

(47,399 posts)
8. Yep
Fri Aug 17, 2018, 12:14 PM
Aug 2018

The Trump NDAs were only meant to bully and intimidate, not to be legally binding. Trump lawyers are just enforcers and fixers, they don't seem to know much of anything about the law. One big criminal enterprise.

turbinetree

(24,695 posts)
10. They have got to have a hand book on stupidity.....................on the night stand
Fri Aug 17, 2018, 12:20 PM
Aug 2018



They are so involved in their corrupt tactics that they forgot to have any principles, so they just threw words on a piece of paper without "proof reading"...........................the first item that teacher tells the student before handing in the work...............



PatSeg

(47,399 posts)
25. You paint a perfect picture
Fri Aug 17, 2018, 02:08 PM
Aug 2018

They've been doing stupid and corrupt for so long, without being held accountable, they quit trying a long time ago. Stupidity and arrogance is an awful combination.

turbinetree

(24,695 posts)
29. Wado------------Thank you
Fri Aug 17, 2018, 03:26 PM
Aug 2018

And you make a very good point, they quit holding themselves accountable a very long time ago..........

 

zaj

(3,433 posts)
12. I thought this was about Trump DNA...
Fri Aug 17, 2018, 12:33 PM
Aug 2018

:Sadface:

Just the NDA is effected, not this whole miserable mess.

Ah well, this is still pretty awesome!

truthisfreedom

(23,145 posts)
15. This is the EXACT kind of thing to drive 45 berzerk.
Fri Aug 17, 2018, 12:45 PM
Aug 2018

Now he’s COMPLETELY vulnerable to attack from all sides. Lawyers are going to line up to sue him and his organization for years.

Only the best people? Well, in this case, the best for us, maybe.

niyad

(113,262 posts)
16. "similar to the one orange uses in the WH"-- since those people actually work for us, and we
Fri Aug 17, 2018, 12:48 PM
Aug 2018

pay their salaries, how in the HELL can an nda with the orange blob have any validity?

ProfessorGAC

(64,995 posts)
18. On Another Thread, Just Today. . .
Fri Aug 17, 2018, 12:52 PM
Aug 2018

. . .a legal expert opined that the NDA is tantamount to bribery

The gist was that the NDA has value to the administration (or campaign), and these people had to provide the NDA to get the gig. So, it's either an illegal campaign contribution or solicitation of a bribe.

That would seem worse than just "invalid".

ProfessorGAC

(64,995 posts)
24. They Not Only Didn't "Drain The Swamp"
Fri Aug 17, 2018, 02:05 PM
Aug 2018

They've turned the swamp into a cesspool full of human filth.

Gothmog

(145,130 posts)
23. A pro se plaintiff beat trump in this case
Fri Aug 17, 2018, 01:48 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

MadLinguist

(790 posts)
30. And Camilo Sandoval as the axe-weilding hatchet man?
Fri Aug 17, 2018, 03:56 PM
Aug 2018

That's how he ends up in the upper echelons of the VA!
I hope Jessica Denson sues the pants right off this mo-fo. The VA certainly needs to toss his vile ass out

FakeNoose

(32,633 posts)
32. White House employees are working for the United States government
Sat Aug 18, 2018, 10:43 AM
Aug 2018

They do not work directly for the Trump Organization or any one person. This woman Jessica Denson is suing over her employment as a campaign worker, so at that time she did have a private employer. Contracts and NDAs can be enforced for private employers if they've been written correctly and if they are agreed by both parties.

My point is that any NDA issued to a federal government employee isn't worth the paper it's written on. They can all be struck down in court and they should be. This is bullshit, these people do not work for Donald Trump. He's not a king and he's not above the law.

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