'Apprentice' contestant's lawsuit against President Donald Trump may proceed, court rules

'Apprentice' contestant's lawsuit against President Donald Trump may proceed, court rules

Former "Apprentice" contestant Summer Zervos' defamation suit against Donald Trump can move forward, an appellate court has ruled.

"We will seek to appeal the majority decision to New York's highest court, the Court of Appeals, which we expect will agree with the dissent".

Trump's lawyers have said the case shouldn't go forward while he is in office.

Trump's attorneys had argued that the Supremacy Clause of the Constitution shielded Trump from the claim, but Justice Dianne Renwick wrote that the clause was "never meant to deprive a state court of its authority to decide cases and controversies under the state's constitution". But the NY appeals court said the clause in no way grants Trump such immunity.

Ms Zervos's lawyers are hoping to question Mr Trump under oath about whether he defamed her by calling her a liar after she accused him of sexual misconduct.

Zervos' lawyers said Trump's words were factual falsehoods that subjected her to threats and cost her business at her Southern California restaurant.

Mariann Wang, attorney for Zervos, said in a statement, "We are very pleased that the [court] has affirmed once again that Defendant 'is not above the law.' The case has proceeded in the trial court and discovery continues".

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Zervos first came forward about the incidents during the 2016 campaign, after an infamous Access Hollywood tape emerged showing Trump boasting about grabbing women's genitals.

"We believe that the well-reasoned dissenting opinion by 2 of the 5 justices, citing the U.S. Supreme Court decision in the Clinton v. Jones case, is correct in concluding that the Supremacy Clause of the U.S. Constitution bars state courts from hearing cases against the President while he or she is in office", he wrote. In a lengthy opinion, Judge Diane Renwick explained why Trump's legal arguments failed, and cited an ironic source for good measure.

Donald Trump's repeated attempts to outrun giving a deposition in a defamation lawsuit from a former The Apprentice contestant who alleges he sexually assaulted her looks to have run out of road.

She says she didn't go public with her allegations for nearly a decade because she admired Trump as a businessman and thought he had had just a couple of episodes of bad behavior with her.

"The Foundation is little more than an empty shell that functions with no oversight by a board of directors", James said in the filing. In the suit, she demands that Mr. Trump apologize and retract his statements, and asks for unspecified damages.

While the statute of limitations on such misconduct charges has long expired, Trump's caustic comments during the 2016 campaign that Zervos' claims were "total fiction" and "all false stuff" basically reset the clock.

That lawsuit was dismissed on March 7.

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