In a letter filed in federal court in Manhattan, the lawyer
Alina Habba cited a Jan. 27 New York Post article discussing
U.S. District Judge Lewis Kaplan's alleged prior working
relationship with Carroll's lawyer Roberta Kaplan, who is not
related.
Both worked about two years at the same time at the law firm
Paul, Weiss, Rifkind, Wharton & Garrison in the early 1990s,
before Judge Kaplan was appointed to the federal bench in 1994.
The article quoted an unnamed former Paul Weiss partner who said
Roberta Kaplan sought to distinguish herself, like all
associates, and Judge Kaplan had been "like her mentor."
Habba said this "particularly concerning" matter could justify a
new trial on liability and damages, which the judge's "overtly
hostile" treatment of Trump's side and "preferential" treatment
of Carroll's side could also support.
Trump plans to appeal last Friday's $83.3 million verdict, which
stemmed from his June 2019 denials that he raped Carroll in a
Bergdorf Goodman department store dressing room in the
mid-1990s.
Judge Kaplan's chambers did not immediately respond to a request
for comment after business hours.
Spokespeople for Carroll and Roberta Kaplan did not immediately
respond to similar requests, but one spokesperson told the Post
that no conflict existed. Paul Weiss also did not immediately
respond to a request for comment.
Habba's letter cited among other things the Code of Conduct for
U.S. Judges.
The code says judges shall disqualify themselves from cases
where their impartiality might reasonably be questioned,
including when "a lawyer with whom the judge previously
practiced law served during such association as a lawyer
concerning the matter."
Carroll's $83.3 million verdict included $18.3 million of
compensatory damages and $65 million of punitive damages.
A different jury last May awarded the former Elle magazine
advice columnist $5 million, finding Trump liable for a similar
October 2022 defamation and for sexual abuse.
Trump is appealing that verdict. The first jury's findings were
binding for the second trial, leaving the jury there to focus
only on damages.
(Reporting by Jonathan Stempel in New York; Editing by Stephen
Coates)
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