Good morning from New York.
A hearing is scheduled to begin shortly in the case of @MaryLTrump v. Donald Trump.
Covering the proceedings virtually, @LawCrimeNews.
A hearing is scheduled to begin shortly in the case of @MaryLTrump v. Donald Trump.
Covering the proceedings virtually, @LawCrimeNews.
New York County Supreme Court Justice Robert R. Reed presides over oral arguments on the defendants' motion to dismiss.
The attorneys are:
John Quinn for Mary Trump
Gary Freidman for Maryanne Barry
James Kiley for Donald Trump
The attorneys are:
John Quinn for Mary Trump
Gary Freidman for Maryanne Barry
James Kiley for Donald Trump
Up first, Freidman for Maryanne Barry
He says his two main arguments are that the claims are time-barred and covered by the terms of the broad release agreement.
He says his two main arguments are that the claims are time-barred and covered by the terms of the broad release agreement.
Justice Reed:
"What in those documents would suggest to a reasonable person in the plaintiff's position, that being a family member [...] was swindling her?"
Mary's lawsuit accuses her aunt (Maryanne Barry) and uncle (Donald Trump) of defrauding her.
"What in those documents would suggest to a reasonable person in the plaintiff's position, that being a family member [...] was swindling her?"
Mary's lawsuit accuses her aunt (Maryanne Barry) and uncle (Donald Trump) of defrauding her.
From the first paragraph of Mary Trump's Sept. 2020 lawsuit: 
Justice Reed was asking what would put Mary Trump on notice about the alleged fraud, if the argument is that the statute of limitations lapsed.
Mary Trump says that the NYT's Pulitzer Prize-winning investigation put her on notice, making the lawsuit timely.
Mary Trump says that the NYT's Pulitzer Prize-winning investigation put her on notice, making the lawsuit timely.
Freidman argues that even if the suit is timely, the "general release" would scuttle it.
Justice Reed pushes back, noting: "Their argument is that the releases are not in fact general."
Justice Reed pushes back, noting: "Their argument is that the releases are not in fact general."
The judge adds that Mary Trump's lawyers argue that the fact that there are "multiple releases" undercuts the alleged "generality" of the releases.
Freidman notes that Mary Trump wrote in her book about sensing she was being lied to about her inheritance.
Justice Reed counters: "Lying doesn't equate to fraud."
"It's one element of fraud," he adds.
Justice Reed counters: "Lying doesn't equate to fraud."
"It's one element of fraud," he adds.
The judge undercuts another argument by Freidman that Mary Trump was represented by competent counsel when she agreed to the settlement.
Reed notes that the lawsuit alleges that the counsel was "compromised" — described in the complaint as an "old hand in Trumpworld."
Reed notes that the lawsuit alleges that the counsel was "compromised" — described in the complaint as an "old hand in Trumpworld."
When Freidman denies that's the case, Justice Reed says that's not the point on a motion to dismiss.
At this stage, he must accept all of the allegations as true.
At this stage, he must accept all of the allegations as true.
Responding to Freidman's characterization of Mary Trump as having been "sophisticated" at the time of the settlement, Reed replies:
"I have no doubt that she is sophisticated in the area of psychology," but that may not be the case in the area of "real estate management."
"I have no doubt that she is sophisticated in the area of psychology," but that may not be the case in the area of "real estate management."
Kiley is now up for the former president, characterizing Mary Trump's claims about her lawyer being compromised as "a desperate Hail Mary pass."
Repeatedly knocking the NYT, Kiley mocks Mary Trump's claim the article put her on notice of fraud: "The New York Times was like the Rosetta Stone. This was the thing that enlightened her."
He claims: "Nothing there was a revelation," but a plain reading of the docs provided
He claims: "Nothing there was a revelation," but a plain reading of the docs provided
Kiley argued that the documents that Mary Trump provided to the Times shows she didn't perform her "due diligence."
Mary Trump's lawyer John Quinn is now up.
Mary Trump's lawyer John Quinn is now up.
Quinn describes a sophisticated alleged fraud involving All County, described in the complaint as a "sham corporation" set up by the defendants:
"This was the cover-up, and by definition, the cover-up does not give notice of the fraud that it's covering up."
"This was the cover-up, and by definition, the cover-up does not give notice of the fraud that it's covering up."
Quinn describes the investigative work that the Times journalists undertook to make sense of the documents, including about All County.
"Everything about the Times article said that the Times had a lot more information" than his client, he says.
"Everything about the Times article said that the Times had a lot more information" than his client, he says.
The Times spent 18 months with an "army of reporters," describing the scheme as "numbingly complex," Quinn notes.
Quinn on his client, Mary Trump:
"She was held as an outsider in this family."
"She was held as an outsider in this family."
By the way, take the time to read the Pulitzer Prize-winning Times investigation that led to this litigation. nytimes.com/interactive/20…
Justice Reed reserves decision, adjourning proceedings after roughly two hours without a ruling.
Look for a story soon, @LawCrimeNews.
Quick recap of today's hearing—
The judge sharply questioned efforts to dismiss Mary Trump's lawsuit accusing Donald Trump and Maryanne Trump Barry of fraud.
But he reserved decision. And so we wait.
Read the story below.
The judge sharply questioned efforts to dismiss Mary Trump's lawsuit accusing Donald Trump and Maryanne Trump Barry of fraud.
But he reserved decision. And so we wait.
Read the story below.
https://twitter.com/lawcrimenews/status/1480962689224613891?s=20
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