In an opinion Friday, Judge Kaplan denied a motion by former President Donald Trump to amend his answer to add a counterclaim against the plaintiff, E. Jean Carroll, who accuses Trump of defamation based on his public statements alleging that she fabricated sexual assault allegations against him (see our prior coverage here).
The proposed counterclaim would have sought attorney fees and other relief under New York’s anti-SLAPP law. Judge Kaplan found that the counterclaim was futile, but went further to emphasize that the counterclaim was part of a larger pattern of stalling, including: evading service; pursuing “frivolous motions practice”; seeking a stay in favor of another case, even though Trump previously argued the other case was unrelated; and, finally, attempting to have the Attorney General intervene.
Judge Kaplan found these tactics to be improper:
Continue Reading Judge Kaplan Harshly Criticizes Donald Trump’s Delay Tactics in Defamation Case, Refuses Proposed Counterclaim Amendment