Is that Roy Kohn?
Runs from the opinion he cites...*Huey » 09 Aug 2025, 8:44 am » wrote: ↑ Google AI
Judge Lewis A. Kaplan presided over the E. Jean Carroll defamation trial against Donald Trump where a jury found Trump liable for sexual abuse and defamation, awarding Carroll $5 million in damages
.
Judge Kaplan did not overturn the jury's verdict in that case. In fact, he later upheld the verdict and denied Trump's motion for a new trial.
It's important to note that a judge can overturn a jury's verdict in certain specific circumstances, such as if there wasn't enough evidence to support the verdict or if there were errors during the trial that prejudiced the outcome. However, this is relatively rare.
In this particular case, Judge Kaplan not only upheld the jury's verdict but also, in a later, separate trial determining damages for a different defamatory statement, ruled that Trump was precluded from arguing that he did not sexually assault Ms. Carroll, leaving only the issue of damages to be decided by the jury.
And that is all there is to say about that.
Blackvegetable » 10 Aug 2025, 5:44 pm » wrote: ↑ That's your vague retelling...
Here are Judge Kaplan's words.....relevant because you reference his opinion.
The jury's unanimous verdict in Carroll II was almost entirely in favor of Ms. Carroll. The only point on which Ms. Carroll did not prevail was whether she had proved that Mr. Trump had “raped” her within the narrow, technical meaning of a particular section of the New York Penal Law – a section that provides that the label “rape” as used in criminal prosecutions in New York applies only to vaginal penetration by a penis. Forcible, unconsented-to penetration of the vagina or of other bodily orifices by fingers, other body parts, or other articles or materials is not called “rape” under the New York Penal Law. It instead is labeled “sexual abuse.”1
As is shown in the following notes, the definition of rape in the New York Penal Law is far narrower than the meaning of “rape” in common modern parlance, its definition in some dictionaries,2 in some federal and state criminal statutes,3 and elsewhere.4 The finding that Ms. Carroll failed to prove that she was “raped” within the meaning of the New York Penal Law does not mean that she failed to prove that Mr. Trump “raped” her as many people commonly understand the word “rape.” Indeed, as the evidence at trial recounted below makes clear, the jury found that Mr. Trump in fact did exactly that.
So why does this matter? It matters because Mr. Trump now contends that the jury's $2 million compensatory damages award for Ms. Carroll's sexual assault claim was excessive because the jury concluded that he had not “raped” Ms. Carroll.5 Its verdict, he says, could have been based upon no more than “groping of [Ms. Carroll's] breasts through clothing or similar conduct, which is a far cry from rape.”6 And while Mr. Trump is right that a $2 million award for such groping alone could well be regarded as excessive, that undermines rather than supports his argument. His argument is entirely unpersuasive.
This jury did not award Ms. Carroll more than $2 million for groping her breasts through her clothing, wrongful as that might have been. There was no evidence at all of such behavior. Instead, the proof convincingly established, and the jury implicitly found, that Mr. Trump deliberately and forcibly penetrated Ms. Carroll's vagina with his fingers, causing immediate pain and long lasting emotional and psychological harm. Mr. Trump's argument therefore ignores the bulk of the evidence at trial, misinterprets the jury's verdict, and mistakenly focuses on the New York Penal Law definition of “rape” to the exclusion of the meaning of that word as it often is used in everyday life and of the evidence of what actually occurred between Ms. Carroll and Mr. Trump.
There is no basis for disturbing the jury's sexual assault damages. And Mr. Trump's arguments with respect to the defamation damages are no stronger.
https://caselaw.findlaw.com/court/us-di ... aw-content
*Beekeeper » 11 Aug 2025, 7:10 am » wrote: ↑ A RESPONSE to a RULE 59 MOTION. NOT an Appeal.
Sucks for you, dummy!! NO VERDICT WAS OVERTURNED and even Kaplan SAID that the jury DID NOT FIND RAPE OCCURRED!!
WTF are you yapping about, asshole?A RESPONSE to a RULE 59 MOTION. NOT an Appeal.
No, that isn't what the jury or Kaplan said.
even Kaplan SAID that the jury DID NOT FIND RAPE OCCURRED!!
Blackvegetable » 11 Aug 2025, 7:31 am » wrote: ↑ WTF are you yapping about, asshole?
No, that isn't what the jury or Kaplan said.
The jury wasn't tasked with determining whether Grifty did, or didn't....It cannot exculpate him, it is only asked if the plaintiff proved the accusation by the "preponderance of the evidence".
What was the evidence?Blackvegetable » 11 Aug 2025, 7:31 am » wrote: ↑ WTF are you yapping about, asshole?
No, that isn't what the jury or Kaplan said.
The jury wasn't tasked with determining whether Grifty did, or didn't....It cannot exculpate him, it is only asked if the plaintiff proved the accusation by the "preponderance of the evidence".
Why don't you read the Judge's opinion, if you are interested?RebelGator » 11 Aug 2025, 7:39 am » wrote: ↑ What was the evidence?
The word of a serial rape accuser?
You remain unconvincing that you're not a moron.
Blackvegetable » 11 Aug 2025, 7:31 am » wrote: ↑ WTF are you yapping about, asshole?
No, that isn't what the jury or Kaplan said.
The jury wasn't tasked with determining whether Grifty did, or didn't....It cannot exculpate him, it is only asked if the plaintiff proved the accusation by the "preponderance of the evidence".
What did Judge Kaplan say about it in rejecting Team Grifty's petition?*Beekeeper » 11 Aug 2025, 7:42 am » wrote: ↑ Please, try harder and learn something.
The JURY DID NOT FIND TRUMP COMMITTED A RAPE. PERIOD!! The burden of PROOF is on the PLAINTIFF TO PROVE A RAPE HAPPENED. SHE DIDN'T.
Next.
Blackvegetable » 11 Aug 2025, 7:31 am » wrote: ↑ WTF are you yapping about, asshole?
No, that isn't what the jury or Kaplan said.
The jury wasn't tasked with determining whether Grifty did, or didn't....It cannot exculpate him, it is only asked if the plaintiff proved the accusation by the "preponderance of the evidence".
Blackvegetable » 11 Aug 2025, 7:46 am » wrote: ↑ What did Judge Kaplan say about it in rejecting Team Grifty's petition?
Please quote him verbatim.
This is the petition Team Grifty filed to reduce the amount of the award..*Beekeeper » 11 Aug 2025, 7:46 am » wrote: ↑ MEMORANDUM OPINION DENYING DEFENDANT'S RULE 59 MOTION
CARROLL v. TRUMP (2023) | FindLaw
Blackvegetable » 11 Aug 2025, 7:52 am » wrote: ↑ This is the petition Team Grifty filed to reduce the amount of the award..
We have gone over the actual document. It makes clear that Team Grifty was arguing for a reduction because "it wasn't rape".
Kaplan EXPLICITLY shoots down that argument.
None of this has anything to do with the fact that Kaplan DID NOT overturn the Jury Verdict meaning trump was not found liable for rape. Which in fact means for someone to call him a rapist felon is a lie. Just ask ABC.Blackvegetable » 11 Aug 2025, 7:52 am » wrote: ↑ This is the petition Team Grifty filed to reduce the amount of the award..
We have gone over the actual document. It makes clear that Team Grifty was arguing for a reduction because "it wasn't rape".
Kaplan EXPLICITLY shoots down that argument.
I notice that you are lying.*Beekeeper » 11 Aug 2025, 7:54 am » wrote: ↑ Have you noticed that every post you make centers around YOU, and not the FACTS??
*Beekeeper » 11 Aug 2025, 7:48 am » wrote: ↑ That the JURY did NOT find that Carroll proved rape occurred!!"
"The jury's unanimous verdict in Carroll II was almost entirely in favor of Ms. Carroll. The only point on which Ms. Carroll did not prevail was whether she had proved that Mr. Trump had “raped” her"
NO RAPE OCCURRED!!
*Huey » 11 Aug 2025, 7:54 am » wrote: ↑ None of this has anything to do with the fact that Kaplan DID NOT overturn the Jury Verdict meaning trump was not found liable for rape. Which in fact means for someone to call him a racist felon is a lie. Just ask ABC.
Why?? YOU love to use partial quotes in your efforts, so why should anyone else yield to your demands???
Blackvegetable » 11 Aug 2025, 8:00 am » wrote: ↑ I notice that you are lying.
Now quote Kaplan on the question of rape.
Because you don't want to.