NY Appeals Court Keeps Block Against Mary Trump In Book Fight, But Lifts It For Her Publisher

[highplainsdem]

Source: Law.com

The New York Supreme Court, Appellate Division, Second Department upheld a supreme court justice’s temporary restraining order against President Donald Trump’s niece Mary Trump over the publication of her upcoming book, but vacated the order issued against her publisher Simon & Schuster.

-snip-

Presiding Justice Alan Scheinkman in a ruling issued Wednesday modified the TRO against Mary Trump to include “any agent” of hers. While Robert Trump has alleged Simon & Schuster is Mary Trump’s agent, Scheinkman found there was insufficient evidence to determine whether Robert Trump will be successful in that argument, and lifted the block for the publisher.

Scheinkman noted full submissions from Mary Trump and Simon & Schuster have not yet been received and his ruling does not represent a judgment on Robert Trump’s request for a preliminary injunction. Written arguments from both sides are due to Dutchess County Supreme Court Justice Hal Greenwald within the next week.

Mary Trump’s attorney, Gibson, Dunn & Crutcher partner Theodore Boutrous, said he plans to file a brief in the lower court Thursday. “It is very good news that the prior restraint against Simon & Schuster has been vacated and we look forward to filing our brief tomorrow in the trial court explaining why the same result is required as to Ms. Trump, based on the First Amendment and basic contract law,” he said.

-snip-

Read more: https://www.law.com/newyorklawjournal/2020/07/01/ny-appeals-court-keeps-block-against-mary-trump-in-book-fight-but-lifts-it-for-her-publisher/

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Schienkman found that courts are not necessarily obligated to enforce NDAs. He wrote that the interests of the party seeking to enforce an NDA has to be weighed against other interests, including the public interest.

And he added that "the legitimate interest in preserving family secrets may be one thing for the family of a real estate developer, no matter how successful; it is another matter for the family of the President of the United States."

[Eliot Rosewater]

1. What are you so afraid of, traitor...jesus christ

[TeamPooka]

2. the truth

[no_hypocrisy]

3. FSS. The book can't worsen the reputation of Donald Trump and

with regard to invasion of privacy, he's a public figure. He gave up privacy in the Eighties.

[Marcuse]

4. It might. She has a PhD in Clinical Psychology

A description of the book from the publisher suggests it will draw heavily on her studies of family dysfunction, with Mary, who is 55, using her clinical background as a psychologist to dissect “a nightmare of traumas, destructive relationships and a tragic combination of neglect and abuse,” including “the strange and harmful relationship between” her late father and Donald Trump.

[link:https://www.washingtonpost.com/politics/new-york-court-sides-with-publisher-of-explosive-book-by-president-trumps-niece/2020/07/01/2eec8a7e-bbf7-11ea-86d5-3b9b3863273b_story.html|

[Manifestor_of_Light]

8. That is an interesting dynamic

when a person with a messed up childhood goes into clinical psych to understand their family and the world around them. That's what Clark Gable and Loretta Young's daughter did. It was an open secret in Hollywood that she was his daughter, she had the square jaw and looked like him, but nobody ever told her she was his daughter. She went into psychology.

[gab13by13]

5. A book like this will devastate Trump.

A narcissist can't take criticism and it's pretty hard to cry fake news coming from his own family member.

Also, people who see how terribly he treated his father may have their own experiences to draw from that will turn them on Trump.
Maybe not a lot of people but a few.

[rickyhall]

6. Trump is such a coward.

[Dios Mio]

7. Like their leader, I doubt they can read.

They have demonstrated their hearing disorder as well.

[marie999]

9. Am I reading this right?

She can't publish the book but the publisher can? But that doesn't stop the book from being published.

[Lulu KC]

10. Thank you

Once again while reading a news story I thought, "What?"

[getagrip_already]

11. sounds shaky....

He ruled he didn't have the evidence that ss was her agent, so he lifted any orders against them. But, they both have to file more information which will surely show they are, and at that point, they will be restrained.

Which scotus juror issued the prder? Or was scony?

[Lulu KC]

12. WaPo headline clarifies it: Book by Trump's niece can be published, judge rules

https://www.washingtonpost.com/politics/new-york-court-sides-with-publisher-of-explosive-book-by-president-trumps-niece/2020/07/01/2eec8a7e-bbf7-11ea-86d5-3b9b3863273b_story.html

[Javaman]

13. that's how it reads to me, it appears that simon and schuster isn't bound by the nda that mary trump

signed.

nice loop hole.

so at the end of the day, the book gets published, mary trump gets her royalities but she can't go on a a book tour (if the nda is upheld against her) but who would go on a book tour now?

from the very little I know about nda's, (having worked in the film industry which is rife with them), the are just shallow pieces of paper meant to intimidate employees into keeping their mouths shut. they rarely are ever hold up in court, but you need the bucks to fight them and that's the rub.

[lagomorph777]

14. I know, right? Pretzel logic.