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January 8, 2024

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What’s going on today? U.S. Supreme Court rejected:

Exxon and Koch Industries’ appeal in climate change case.
X Corp’s challenge to FBI surveillance disclosure.
R.J. Reynolds’ challenge to California flavored tobacco ban.
Intel’s new challenge to federal patent policy.
Chicken purchasers’ appeal over suppliers’ defense pact.

Trump cannot challenge writer’s rape claim at defamation trial, judge rules

REUTERS/Andrew Kelly

Donald Trump cannot argue to a jury assessing damages at the writer E. Jean Carroll’s upcoming defamation trial that he did not rape her in the mid-1990s, based on another jury having found that he only sexually abused her, a U.S. judge has ruled.

The jury last May ordered Trump to pay Carroll $5 million over their alleged encounter, which Trump says never happened, and for defaming her in 2022. In the scheduled Jan. 16 trial, a different jury will consider how much Trump should pay Carroll for defaming her in 2019.

Last month, the 2nd Circuit ruled that Trump cannot assert presidential immunity from the defamation lawsuit.

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Law firm Davis Polk faces trial in ex-lawyer’s bias and retaliation lawsuit

REUTERS/Andrew Kelly

U.S. law firm Davis Polk & Wardwell faces a federal jury trial in Manhattan in a lawsuit by Kaloma Cardwell, a former corporate lawyer at the firm, who claims he was fired after he complained of racial bias.

Cardwell, who is Black, is seeking between $16 million and $30 million in compensatory and punitive damages and attorney fees for retaliation. Davis Polk, represented by a team of lawyers from Paul Weiss, has asserted that Cardwell was fired for poor performance.

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