Comments on: The Stormy Daniels Case: Declaratory Judgments, The Statute of Frauds, Removal and Arbitration Law For The Layperson https://lettersblogatory.com/2018/03/19/the-stormy-daniels-case-declaratory-judgments-the-statute-of-frauds-removal-and-arbitration-law-for-the-layperson/ The Blog of International Judicial Assistance Fri, 13 Apr 2018 04:09:11 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: Mitch Guthman https://lettersblogatory.com/2018/03/19/the-stormy-daniels-case-declaratory-judgments-the-statute-of-frauds-removal-and-arbitration-law-for-the-layperson/#comment-3043 Fri, 13 Apr 2018 04:09:11 +0000 https://lettersblogatory.com/?p=26249#comment-3043 As I read the agreement, the $130K is only part of the “consideration” Clifford’s supposed to receive. Supposedly, Trump has “legal claims” against her which he’s releasing in return for her silence about their affair. Apart from the fact that there’s no “meeting of the minds” if Trump’s didn’t know about the agreement (so no contract), if Trump’s telling the truth then her agreement was induced by fraud since Cohen had the apparent but not the actual authority to enter into a contract on behalf of Trump since he couldn’t release the probably imaginary but bargained for legal claims.

]]> By: Steven Skulnik https://lettersblogatory.com/2018/03/19/the-stormy-daniels-case-declaratory-judgments-the-statute-of-frauds-removal-and-arbitration-law-for-the-layperson/#comment-3042 Mon, 19 Mar 2018 14:21:54 +0000 https://lettersblogatory.com/?p=26249#comment-3042 In reply to Ted Folkman.

The whole thing is such a mess, it’s hard to predict exactly what will happen. Consider also that EC, not Trump, brought the arbitration and received the ex parte order from the emergency arbitrator.

Another case giving arbitration a bad name.

]]> By: Ted Folkman https://lettersblogatory.com/2018/03/19/the-stormy-daniels-case-declaratory-judgments-the-statute-of-frauds-removal-and-arbitration-law-for-the-layperson/#comment-3041 Mon, 19 Mar 2018 14:17:01 +0000 https://lettersblogatory.com/?p=26249#comment-3041 In reply to Steven Skulnik.

On the other hand, the contract makes it clear that Clifford is liable to Trump, not EC, for breaches. Again, the whole thing is very poorly conceived. But it seems possible that EC might simply say that there is no actual dispute between itself and Clifford.

]]> By: Ted Folkman https://lettersblogatory.com/2018/03/19/the-stormy-daniels-case-declaratory-judgments-the-statute-of-frauds-removal-and-arbitration-law-for-the-layperson/#comment-3040 Mon, 19 Mar 2018 14:14:10 +0000 https://lettersblogatory.com/?p=26249#comment-3040 In reply to Steven Skulnik.

Thanks Steven. Cohen, Trump’s lawyer, has acknowledged making the payment. I don’t see a reasonable case that Trump wasn’t a party to the agreement, whatever he says. Each page has a place for “DD” to initial, and “EC” initialed on “DD’s” behalf. I take it that EC had at least apparent authority to do so.

That said, you make a good point about the arbitration clause itself, which covers disputes between Trump and Clifford, but not (apparently) EC and Clifford. What a poorly drafted piece of work!

]]> By: Steven Skulnik https://lettersblogatory.com/2018/03/19/the-stormy-daniels-case-declaratory-judgments-the-statute-of-frauds-removal-and-arbitration-law-for-the-layperson/#comment-3039 Mon, 19 Mar 2018 13:42:01 +0000 https://lettersblogatory.com/?p=26249#comment-3039 I’m not sure you’re right. Trump claims to have nothing to do with / no knowledge of the agreement. And EC may not be able to compel arbitration because the arbitration clause is between Trump and Clifford.

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