Free Newsletter
Second Circuit – Presidential immunity: Carroll v. Trump
Daily Record Staff//February 1, 2024//
Listen to this articleUnited States Court of Appeals for the Second Circuit
Presidential immunity
Waiver of defense
Carroll v. Trump
23-1045-cv(L) & 23-1146-cv(CON)
Judges Cabranes, Chin, and Kahn
Background: At issue on appeal is whether the defense of presidential immunity is waivable.
Ruling: The Second Circuit affirmed. The court held that presidential immunity is waivable and the court further held that the defendant waived the defense of presidential immunity by failing to raise it as an affirmative defense to the complaint alleging that she was defamed by the defendant by claiming that she had fabricated her account of the defendant sexually assaulting her in the mid-1990s.
Joshua Matz, Kaplan Hecker & Fink, for the plaintiff-counter-defendant-appellee; Michael T. Madaio, of Habba Madaio & Associates, for the defendant-counter-claimant-appellant.
Oral argument audio 23-1045-cv(L) & 23-1146-cv(CON)
Related Content
Case Digests
- Western District Case Notes
- Second Circuit – Distribution of a controlled substance: United States v. Parasmo
- Fourth Department – Default: April I.O. v. Taylor, et al.
- Fourth Department – Murder: People v. McCullough
- Fourth Department – Termination of trust: HSBC Bank USA, N.A. Trustee v. Campbell
- Fourth Department – Expert testimony: People v. Douse
- Second Circuit – Unlawful seizure: K.W. v. City of New York
- Second Circuit – Second Amendment: Christian v. James
- Fourth Department – Motion to renew: Brown v. State of New York
- Fourth Department – Adult Survivors Act: Jane Doe v. Moran, et al.
- Second Circuit – Foreclosure Abuse Prevention Act: Article 13 LLC v. LaSalle Nat’l Bank Ass’n
Law News
- Second-degree murder count reversed, leaving first-degree conviction
- Court of Appeals ends foster care program
- Experts highlight tax and regulatory changes
- NY appeals court reinstates robbery indictment
- Court of Appeals affirms convictions despite tainted transcript
- Phillips Lytle names new Rochester office leader
- Court annuls New York State’s wetland regulations for failure to comply with SEQRA
- Driver who caused fatal MVA sued by victim’s mother
Polls
Loading ...