OPINION: The former president’s decision to sue his rape accuser looked like an insane gambit—but there’s one way it really could give him a leg up.
“Collateral Estoppel” Is a Fancy Way to Say That Both Parties Are Stuck With the Verdict in the First Casein support of her motion to amend, Carroll noted that the doctrine of “collateral estoppel” would mean, in the 2024trial, the parties would not be able to retry issues that had already been determined by the jury in the 2023Carroll argued that Trump should be barred from challenging the jury’s verdict that “Trump lied when he denied sexually assaulting Carroll in any way.
That means Trump is stuck with the jury’s verdict that he sexually assaulted Carroll in 1996, and defamed her when he denied it. At the same time, Carroll is stuck with the jury’s verdict that Trump did not “rape” her in 1996. E. Jean Carroll now has 20 days to respond to Trump’s counterclaim. She may move to dismiss or answer the counterclaim. At some point, I would expect Judge Kaplan to be asked to rule whether Trump’s counterclaim can go to the jury. There are some obvious deficiencies in Trump’s counterclaim, such as the failure to make particularized allegations to support his claim for damages.” and the law presumes that the plaintiff has suffered damage.
Given her testimony at the first trial, in which she said she believed that Trump put his penis inside of her after first sexually assaulting her with his fingers, but she could not actually see it, I expect that Trump will not be able to clear that bar with regard to Carroll’s statements in 2020.
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