NEW YORK – Former President Donald Trump’s attorneys have filed a motion for a new trial in writer E. Jean Carroll’s defamation case and are seeking a substantial reduction in the judgment of $83.3 million.
Trump’s legal team, Alina Habba and John Sauer, argued in a federal court filing that relevant evidence was excluded and the jury was given erroneous instructions. They contend that the court’s decision to limit the scope of Trump’s testimony influenced the jury’s verdict and thus, a new trial is warranted.
The attorneys claimed that efforts to restrict the scope of Trump’s testimony were prejudicial and erroneously prevented him from addressing his state of mind when he made disparaging comments about Carroll. They argued that Trump’s testimony on this point was the most relevant evidence on the issue of common-law malice and should have been allowed.
Furthermore, Trump’s attorneys argued that the jury instruction about common law malice given by U.S. District Judge Lewis Kaplan was in error, as it did not require a showing that intent to injure was the sole motivation for the challenged statements as required by New York law.
Carroll’s attorney, Roberta Kaplan, declined to comment on the filing.
Trump’s legal team also contended that the compensatory and punitive awards granted by the jury were disproportionate and influenced by sympathy rather than evidence. They argued that the $11 million award for reputational harm was excessively high compared to similar cases.
Citing case law, Trump’s lawyers indicated that punitive damages could be significantly reduced, resulting in a total award of no more than $36.6 million. If the judge also remits the compensatory damages, the amount could be even lower.
In January, a jury found Trump liable for defaming Carroll and ordered him to pay $83.3 million in damages. Trump subsequently requested a pause in enforcing the verdict while his post-trial motions are resolved. The judge has yet to rule on the matter.
The motion for a new trial and the request to reduce the judgment mark the latest developments in the ongoing legal battle between Trump and Carroll. The outcome of these motions will determine the future course of the defamation case that has garnered significant attention.