President Trump’s personal attorney Michael Cohen has moved to claim at least $20 million in damages from porn star Stormy Daniels. Cohen is alleging at least 20 violations. With the recent allegations of physical threats and post-election actions, the political costs to this strategy is likely to continue to rise. Notably, Cohen is not simply pursuing damages through his limited liability corporation Essential Consultants. An attorney for Trump is now directly calling for Daniels to be forced into arbitration . . . and silence.
Reblogged from: Trump’s Attorney Files To Silence Daniels and Force $20 Million In Damages
What are the parameters of this sort of agreement in US law? The French version covers the common participants of an event to agree on non-disclosure (non-divulgation.) Also intellectual property etc. But I’ve never heard of a version where a third, non-interested party has standing. Does this just fall under the category of private contract so anything goes?
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To clarify my question, who and what can be covered and what is Mr. Cohen’s role in the matter?
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I’m not sure, but it looks like Cohen is the plaintiff in this particular lawsuit (not a third-party) and Daniels is the defendant.
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Good question, Pink. “Standing” is indeed applicable in U.S. law. Plaintiffs must demonstrate injury of some sort for a court to hear civil cases. Arbitration is murkier, however. When a judge sends a potential civil lawsuit to arbitration, what transpires is largely done outside the public view.
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