NY Appeals Court Keeps Block Against Mary Trump In Book Fight, But Lifts It For Her Publisher
Source: Law.com
The New York Supreme Court, Appellate Division, Second Department upheld a supreme court justices temporary restraining order against President Donald Trumps niece Mary Trump over the publication of her upcoming book, but vacated the order issued against her publisher Simon & Schuster.
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Presiding Justice Alan Scheinkman in a ruling issued Wednesday modified the TRO against Mary Trump to include any agent of hers. While Robert Trump has alleged Simon & Schuster is Mary Trumps agent, Scheinkman found there was insufficient evidence to determine whether Robert Trump will be successful in that argument, and lifted the block for the publisher.
Scheinkman noted full submissions from Mary Trump and Simon & Schuster have not yet been received and his ruling does not represent a judgment on Robert Trumps request for a preliminary injunction. Written arguments from both sides are due to Dutchess County Supreme Court Justice Hal Greenwald within the next week.
Mary Trumps attorney, Gibson, Dunn & Crutcher partner Theodore Boutrous, said he plans to file a brief in the lower court Thursday. It is very good news that the prior restraint against Simon & Schuster has been vacated and we look forward to filing our brief tomorrow in the trial court explaining why the same result is required as to Ms. Trump, based on the First Amendment and basic contract law, he said.
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Read more: https://www.law.com/newyorklawjournal/2020/07/01/ny-appeals-court-keeps-block-against-mary-trump-in-book-fight-but-lifts-it-for-her-publisher/
Schienkman found that courts are not necessarily obligated to enforce NDAs. He wrote that the interests of the party seeking to enforce an NDA has to be weighed against other interests, including the public interest.
And he added that "the legitimate interest in preserving family secrets may be one thing for the family of a real estate developer, no matter how successful; it is another matter for the family of the President of the United States."
Eliot Rosewater
(31,112 posts)TeamPooka
(24,226 posts)no_hypocrisy
(46,114 posts)with regard to invasion of privacy, he's a public figure. He gave up privacy in the Eighties.
Marcuse
(7,483 posts)[link:https://www.washingtonpost.com/politics/new-york-court-sides-with-publisher-of-explosive-book-by-president-trumps-niece/2020/07/01/2eec8a7e-bbf7-11ea-86d5-3b9b3863273b_story.html|
Manifestor_of_Light
(21,046 posts)when a person with a messed up childhood goes into clinical psych to understand their family and the world around them. That's what Clark Gable and Loretta Young's daughter did. It was an open secret in Hollywood that she was his daughter, she had the square jaw and looked like him, but nobody ever told her she was his daughter. She went into psychology.
gab13by13
(21,348 posts)A narcissist can't take criticism and it's pretty hard to cry fake news coming from his own family member.
Also, people who see how terribly he treated his father may have their own experiences to draw from that will turn them on Trump.
Maybe not a lot of people but a few.
rickyhall
(4,889 posts)Dios Mio
(429 posts)They have demonstrated their hearing disorder as well.
marie999
(3,334 posts)She can't publish the book but the publisher can? But that doesn't stop the book from being published.
Once again while reading a news story I thought, "What?"
getagrip_already
(14,751 posts)He ruled he didn't have the evidence that ss was her agent, so he lifted any orders against them. But, they both have to file more information which will surely show they are, and at that point, they will be restrained.
Which scotus juror issued the prder? Or was scony?
Lulu KC
(2,565 posts)Javaman
(62,530 posts)signed.
nice loop hole.
so at the end of the day, the book gets published, mary trump gets her royalities but she can't go on a a book tour (if the nda is upheld against her) but who would go on a book tour now?
from the very little I know about nda's, (having worked in the film industry which is rife with them), the are just shallow pieces of paper meant to intimidate employees into keeping their mouths shut. they rarely are ever hold up in court, but you need the bucks to fight them and that's the rub.