Brian Kindsvater on Politicians
Brian Kindsvater says no more politically motivated libel lawsuits for denying a claim
The "poster child" example of this issue is the case of Summer Zervos v. Donald Trump where Summer Zervos is represented by publicity hound attorney Gloria Allred.
After being a contestant on the Apprentice, Summer Zervos claims she met Donald Trump for lunch in December 2007 in New York City. Meeting at a public restaurant he allegedly kissed her on the lips at when meeting for lunch and then when parting afterwards.
Later, on an unspecified date after this lunch incident which she says was a sexual assault, Summer Zervos says she agreed to meet Donald Trump in Los Angeles. They met in a hotel where Trump's security guards were present. Allegedly, upon meeting Donald Trump started kissing her and put his hand on her breast. After being rebuffed he tried to kiss her again.
Despite these further sexual assaults, as she calls them, Summer Zervos agreed to have dinner with Donald Trump.
The next day she agreed to go golfing with him at his golf club.
Later the golf club offered Ms. Zervos a job, but it only paid half of what she was wanting and she didn't take it.
And that was that.
Until many years later when Donald Trump ran for President.
Shortly before the November 2016 election Summer Zervos publicly made the sexual assault claims in an attempt to damage Trump politically.
Donald Trump denied the claims and said they were untrue and didn't happen.
So Summer sued for libel.
In my view this is absurd.
The statute of limitations for personal injury in California is two years. Three years in New York. So Summer Zervos' alleged claims had long since expired.
Besides the situation being ridiculous and an affront to women victimized by more significant sexually assault, the libel is based on a mere denial of an old claim.
If you need to extend the statute of limitations just accuse someone, and if they deny it sue.
One can do this over and over - suing someone repeatedly for the rest of their life.
Virtually every defendant in a civil lawsuit today denies the plaintiff's claims. That doesn't mean they should be sued.
Here, the problem is compounded because it is all politically motivated.
Apparently, months earlier in 2016 Summer Zervos had sent an email with glowing comments against Donald Trump calling him honest and a hard worker:
Is is possible Donald Trump is a pig who tried to have sex with Summer Zervos? Sure. Is it possible he offered her a job despite not getting anywhere? Sure. Is it possible Summer Zervos remains emotional distraught about what happened today? Sure.
But that doesn't mean one gets to let their legal claims expire and then get to sue again because a political candidate denies them right before an election.
Proposal: If the statute of limitations for a legal claim has expired a plaintiff cannot sue because a defendant later denies the claim.
That's not difficult. And it would get rid of politically motivated lawsuits taking up valuable time in the courts and detracting politicians from doing their jobs.