General Discussion

EffieBlack

(14,249 posts)

89. Depends on what the restraining order actually restrained

Wed Mar 7, 2018, 06:49 PM

Mar 2018

But I think she's on solid footing bringing this claim in a court, not in arbitration. An arbitrator has very wide leeway to interpret and enforce the terms of the contract, but they cannot rule on whether a contract itself is legal or not, since that's a question of law that only a court can determine.

The contract recognizes that - it says that arbitration is required "to the greatest extent permitted by law." The law does not permit an arbitrator to rule on the legality of a contract, so Stormy is fully within her rights to take that particular issue to a court of law.

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Does Stormy have a good case? [View all] Beakybird Mar 2018 OP

I don't know.......I would hope so Angry Dragon Mar 2018 #1

Yeah she might have a bit of a problem having taken and kept the money unblock Mar 2018 #2

I think you're right EffieBlack Mar 2018 #4

right, her story is now worth millions, presumably enough to pay donnie off. unblock Mar 2018 #9

Agree EffieBlack Mar 2018 #12

the argument that the lawyer blabbing makes the whole contract null and void worries me. unblock Mar 2018 #14

She would have needed a macro lens with bellows. PCIntern Mar 2018 #22

Or a zoom lens lunatica Mar 2018 #24

needed enid602 Mar 2018 #41

Just curious here IF the contract was between her and tRUMP and bluestarone Mar 2018 #42

The parties to the contract are identified at the top of it jberryhill Mar 2018 #52

TY for that. My thought was bluestarone Mar 2018 #57

The contract does not require Trump to pay jberryhill Mar 2018 #60

Gotcha TY bluestarone Mar 2018 #61

I saw some speculation that Trump cant claim shes hurt him by blabbing-only the LLC can? bettyellen Mar 2018 #101

The loser is Cohen, who is out $130,000 louis-t Mar 2018 #56

Indeed. Cohen signed and not Trump to insulate Trump. Used his own money, remember? Fred Sanders Mar 2018 #102

Also, aren't there rules against lawyers self-dealing? TomCADem Mar 2018 #13

Maybe the money was just for the movie they made. dchill Mar 2018 #26

Where did news get that contract copy? It looked like it might be her copy before Laura PourMeADrink Mar 2018 #53

indeed. i have many early drafts of contracts that are missing signatures. unblock Mar 2018 #55

I went online to find the original non-disclosure agreement - thinking I missed Laura PourMeADrink Mar 2018 #66

Here it is EffieBlack Mar 2018 #68

Thank you SO much Effie ! Didn't read every single word ...but couple thoughts Laura PourMeADrink Mar 2018 #80

These are GREAT questions! EffieBlack Mar 2018 #85

IMHO, electronic copies are tangible jberryhill Mar 2018 #91

Yes, but once she turns them over to Trump, then what? EffieBlack Mar 2018 #93

Yes, section 2.3 jberryhill Mar 2018 #95

Got it - thanks! EffieBlack Mar 2018 #98

Odd sentence. E-copies that can not be transferred.. Laura PourMeADrink Mar 2018 #106

The contract is very badly written EffieBlack Mar 2018 #112

I was wondering - what struck me - as a complete novice - is there any legal Laura PourMeADrink Mar 2018 #113

They obviously were not in equal bargaining positions EffieBlack Mar 2018 #114

She had legal counsel jberryhill Mar 2018 #115

Section 2.3 jberryhill Mar 2018 #94

It was attached to the complaint that Daniels' lawyers filed EffieBlack Mar 2018 #104

An attorney can bind his or her client. Cary Mar 2018 #78

I havent read the full complaint jberryhill Mar 2018 #3

I think Trump was supposed to be a party to the contract EffieBlack Mar 2018 #5

Here are the complaint and contract EffieBlack Mar 2018 #6

Well that's not entirely accurate jberryhill Mar 2018 #54

It is completely accurate EffieBlack Mar 2018 #67

It's not relevant to the claim being made jberryhill Mar 2018 #71

I'm not going to argue with you EffieBlack Mar 2018 #74

Well that's great jberryhill Mar 2018 #76

Hey, jberryhill PJMcK Mar 2018 #79

Since I never said that a missing signature renders a contract null and void EffieBlack Mar 2018 #81

Fair enough jberryhill Mar 2018 #83

The whole thing strikes me as odd EffieBlack Mar 2018 #87

I think we have a new data point jberryhill Mar 2018 #90

Interesting idea EffieBlack Mar 2018 #92

It's John Edwards all over again, too jberryhill Mar 2018 #96

If Trump Is Now Denying That He Even Knew of the Contract... TomCADem Mar 2018 #11

Exactly! EffieBlack Mar 2018 #70

Your last sentence doesn't go in the quote - right? I agree though - literally - how Laura PourMeADrink Mar 2018 #82

guess it makes sense in a hush money contract to make it between parties other than the primary ones unblock Mar 2018 #7

The last one is easy jberryhill Mar 2018 #8

The agreement lists several names of people who already have the information pnwmom Mar 2018 #21

Depends jberryhill Mar 2018 #25

If he didn't sign it because he wasn't aware of it, that wouldn't be relevant? kcr Mar 2018 #39

By its own terms, it says it can be signed in duplicate counterparts jberryhill Mar 2018 #43

How much does she have to pay if she violates it? MattP Mar 2018 #10

The contract says $1 million PER BREACH, which could get pretty steep EffieBlack Mar 2018 #16

Post removed Post removed Mar 2018 #15

If it was just a private payoff between Cohen & Daniels, would Trump's name be required? TheBlackAdder Mar 2018 #17

I don't know but if... duforsure Mar 2018 #18

Seems her best approach... NCTraveler Mar 2018 #19

Not sure if the missing handcock Funtatlaguy Mar 2018 #20

One question is how many copies exist? Lee-Lee Mar 2018 #23

Yeah notice this... jberryhill Mar 2018 #28

My hunch is this is just calculated publicly for her Lee-Lee Mar 2018 #29

The thing is jberryhill Mar 2018 #31

Is the only basis of the lawsuit that Trump didn't sign it? Sanity Claws Mar 2018 #27

i hope she keeps this in the news 24/7 day & night so America can be proud of their 'president' spanone Mar 2018 #30

Hasn't she argued that Cohen violated the agreement? Bad Thoughts Mar 2018 #32

Not in this complaint, no jberryhill Mar 2018 #33

Isn't this kind of thing blackmail? Cartoonist Mar 2018 #34

No jberryhill Mar 2018 #35

So what's the diff Cartoonist Mar 2018 #40

Depends on what definition you are using jberryhill Mar 2018 #107

Thanks for the clarity Cartoonist Mar 2018 #109

I have no idea what you are asking jberryhill Mar 2018 #110

I would imagine her case must be decent if the attorney filed the lawsuit titaniumsalute Mar 2018 #36

Attorney may have filed it to gain leverage in arbitration Hamlette Mar 2018 #62

Probably not; she took the money. Spider Jerusalem Mar 2018 #37

Can a lawyer sign a contract as the agent of his/her client? Iggo Mar 2018 #38

It's somewhat irrelevant jberryhill Mar 2018 #48

I really don't care. I just want her to bloody Trump. Blue_true Mar 2018 #44

I think Stormy's case is extremely weak Jersey Devil Mar 2018 #45

Cohen's LLC is a contracted party anyway jberryhill Mar 2018 #49

You're correct about the Statute of Frauds generally, but there's a wrinkle here. EffieBlack Mar 2018 #69

Lots of wrinkles! Thanks for pointing them out! n/t pnwmom Mar 2018 #77

What do you think about her two alternative reasons for voiding the contract, pnwmom Mar 2018 #75

She's got (dic?) pics workinclasszero Mar 2018 #46

She has a very good attorney Gothmog Mar 2018 #47

As a general rule jberryhill Mar 2018 #50

This attorney was top of his class at a good law school Gothmog Mar 2018 #64

Who cares if she has a good case. I just underthematrix Mar 2018 #51

he never uses email huh. at least I have never heard of him sending one. I still Laura PourMeADrink Mar 2018 #58

It was all via text messages underthematrix Mar 2018 #59

No. She should crowd source $130,000, buy herself out of the contract and tell us all. Hamlette Mar 2018 #63

The contract requires her to pay $1 million PER BREACH, which could really add up EffieBlack Mar 2018 #72

She must have been desperate marlakay Mar 2018 #97

Perhaps, like most people, she thought he would lose EffieBlack Mar 2018 #99

The buyout is not 130k jberryhill Mar 2018 #73

She has him cornered. Either he stays silent or admits the NDA was about him. tinrobot Mar 2018 #65

We have a winner here! misanthrope Mar 2018 #84

Exactly EffieBlack Mar 2018 #88

They are claiming they won in arbitration. With a restraint order GusBob Mar 2018 #86

Depends on what the restraining order actually restrained EffieBlack Mar 2018 #89

Doesn't matter. The trumpists and Reich Wing will only yawn. kairos12 Mar 2018 #100

Had she turned down the $130K lapfog_1 Mar 2018 #103

She's got him boxed in pretty good EffieBlack Mar 2018 #105

She is spineless Motownman78 Mar 2018 #108

Her objective is not "saving America" from anything jberryhill Mar 2018 #111