Stormy Daniels Must Pay Donald Trump $300K: Ninth Circuit

LOS ANGELES, CALIFORNIA - JANUARY 16: Stormy Daniels attends the 2020 XBIZ Awards on January 16, 2020 in Los Angeles, California.

Stormy Daniels (real name Stephanie Clifford).

Ninth Circuit Court of Appeals on Friday command porn star Stormy Daniels (real name is Stephanie Clifford) to pay Donald Trump’s nearly $300,000 in legal fees after a failed defamation lawsuit.

Unpublished (read: nonprecedential) idea was filed directly on lower district court records and, as of the time of this writing, does not appear on case files for the necessary 9th Circuit lawsuit. Also no comments on Track 9 website including recent comments.

Brief order – only three pages long – was unanimous. It was written by the judges around Sidney R. Thomas (a Clinton appointee), Kim McLane Wardlaw (also a Clinton appointee), and Jacqueline Nguyen (an Obama appointee).

“We lacked jurisdiction over Clifford’s appeal of the underlying order to grant attorneys’ fees,” the judges Written all together.

That brief line left a spot lower court decision on attorney fees – which the lower court calculated as follows in December 2018 order [bolding of names ours]:

Respondent requested the following rates for attorneys who worked on the matter: attorneys Charles Harder (partner) charges $841.64 per hour; lawyer Ryan J. Stonerock (partner) charges $756.49 per hour; lawyer Dilan A. Esper (senior attorney) charges $611.99 per hour; lawyer Steven H. Frackman (link) charges $586.50 per hour; and lawyers Ted S. Nguyen (link) charges $307.60 per hour.

District Court Judge speak fees are fully consistent with the nature of the matter and the expertise of the attorneys employed.

In consideration of the fees charged by Respondent’s attorneys, the Court agrees with Defendant that his attorneys are extremely qualified and that the law firm Harder LLP has specific expertise in the areas of communication information and defamation laws. The Court also took note of the fact that immediate litigation is unique in its nature and scope. It concerns a defamation statement against the incumbent President of the United States based on a tweet issued by the President from his personal Twitter account. The president used this Twitter account extensively, both during the campaign and after. Thus, litigation before this Court affects what the President may or may not say in a public forum.

United States District Judge S. James Otero prize reduction searched ($389,403.11) 25% for a total due $292,052.33.

Track number 9 refused to touch that amount, and the umpires explained why.

“Because the district court’s 2018 attorney’s fees order is final, we do not have jurisdiction over Clifford’s appeal of that ruling,” the appeals court wrote. “To invoke the jurisdiction of this court on an appeal, notice of appeal must be filed with the county clerk within 30 days after the judgment or order being appealed has been rendered. Because Clifford did not file a notice of appeal for the 2018 order until August 24, 2020, her appeal from the attorney’s fee award was untimely. “

Stormy Daniels suggested on Twitter that the money might not come immediately.

“I’ll go to jail before I pay a dime,” the adult movie star wrote.

The Court’s position indicated that the matter of the Ninth Circuit was decided on the basis of a brief, not an oral argument.

Since being detained Michael Avenatti represented Daniels in substantial portions of the underlying defamation complaint.

According to litigationDaniels had sex with Trump in Lake Tahoe in the summer of 2006. 2011, she speaks she started talking to In contact magazine about love. Daniels declare a man threatened her in a Las Vegas parking lot “a few weeks” after she spoke to In contact.

“Leave Trump alone,” man is said to have said. “Forget the story.”

“It’s a beautiful little girl,” the man is supposed to continue. “It would be a pity if something happened to her mother.”

The the lawsuit says that Daniels considered the encounter as a “direct threat.”

A forensic artist then created an image purporting to show the previously unidentified man. Trump interrupted the image.

“A sketch many years later of a man who does not exist,” Trump tweeted. “Can work in total, acting as Fake News Media for idiots (but they know it)!”

Daniels said Trump’s comments were defamatory.

Judge Otero throw out the case in 2018.

“The court found Mr. Trump’s tweets to be ‘bloated exaggeration’ and protected by the First Amendment,” said Otero. Written. “Plaintiffs cannot amend the Complaint in a manner that challenges this hold.”

That paved the way for Trump to file a claim for attorneys’ fees – something 9th Street agreed to.

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[Image via Tasia Wells/Getty Images for XBIZ.]

Is there a trick we should know? [email protected] Stormy Daniels Must Pay Donald Trump $300K: Ninth Circuit

James Brien

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