Summary
This Second Circuit per curiam opinion affirms a $83.3 million damages judgment against Donald Trump in a defamation lawsuit brought by E. Jean Carroll. The court addresses Trump's arguments regarding presidential immunity, concluding that the law of the case doctrine forecloses reconsideration of its prior ruling that such immunity is waivable and was waived here. The panel also rejects challenges to the district court's grant of issue preclusion, evidentiary rulings, jury instructions on punitive damages, and the size of the compensatory and punitive awards.
Topics
Practice areas
Questions Presented
- Whether presidential immunity is waivable and whether Trump waived it, precluding reconsideration of the prior decision.
- Whether the district court correctly applied issue preclusion from the Carroll II verdict to the falsity and actual‑malice elements.
- Whether the district court erred in striking a portion of Trump’s testimony during trial.
- Whether the jury instructions on punitive damages were erroneous under New York law.
- Whether the $83.3 million damages award is excessive and warrants remittitur.
Holdings
- The court affirmed the prior holding that presidential immunity is waivable, that Trump waived it, and that the law‑of‑the‑case doctrine bars reconsideration.
- The district court correctly applied issue preclusion to the falsity and actual‑malice elements of Trump’s 2019 statements.
- The district court did not err in striking the portion of Trump’s testimony after the objection; the error, if any, was harmless.
- The jury instructions were consistent with New York Civil Pattern Jury Instruction 3:30 and did not require a showing of sole motivation; therefore, they were correct.
- The $83.3 million award, including $65 million punitive damages, was not excessive under New York law or federal constitutional standards; no remittitur was warranted.
Key quotations
“We hold that both arguments are foreclosed under the law of the case doctrine and reject Trump's challenge on this ground.”
“The jury awarded Carroll $11 million for "the reputation repair program" and $7.3 million for other compensatory damages.”
Factual background
In 1996 Donald Trump sexually assaulted E. Jean Carroll at a Manhattan department store. In June 2019, after a New York Magazine excerpt about the assault was published, Trump publicly denied the assault and accused Carroll of fabricating the allegations. A jury later found Trump liable for sexual assault and defamation, awarding compensatory and punitive damages. The present appeal concerns the district court's summary‑judgment ruling on the defamation claim and related damages.
Procedural history
The district court granted partial summary judgment on Carroll's defamation claim, applied issue preclusion from a prior trial (Carroll II), and entered a judgment for $83.3 million. Trump appealed, asserting presidential immunity, challenging the preclusive effect, the exclusion of testimony, the jury instructions on punitive damages, and the size of the damages award.