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ARTICLE · 20 JANUARY 2017

Trump Libel Win Based On Trump Libel Loss

President-elect Donald Trump just won a libel case against a critic — for the very same reason that real estate developer Donald Trump lost a libel case against a critic...

United StatesLitigation, Mediation & Arbitration

President-elect Donald Trump just won a libel case against a critic — for the very same reason that real estate developer Donald Trump lost a libel case against a critic, more than 30 years ago. And yes, the precedent of Trump v. Chicago Tribune, the case that Trump lost in 1985, was relied upon by the court as it dismissed Cheryl Jacobus's suit against Trump just a few days before his inauguration.

I wrote the briefs for the Chicago Tribune in Trump's prior case and couldn't help but notice that in defending the Jacobus suit Trump's lawyers today relied on the very same arguments we used against him back then.

Both cases involved strong criticism against the plaintiff, and in both cases the courts dismissed the plaintiff's libel claims because of the long-established right to express one's opinions.

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