Compensation for Damages (Law)

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      On Donald Trump, E. Jean Carroll and the Limits of Libel Law

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      In the days since a New York jury ordered Donald Trump to pay $83.3 million in damages to the libel plaintiff E. Jean Carroll, the question has been whether the dollar amount was high enough to put a stop to his lies.That we must ask this question tells us something important about the moment in which we find ourselves. And it tells us something important about both the value and the limits of libel law.Doubt about what will come next is well placed. As Ms. Carroll’s lawyers argued, Mr. Trump has bragged of wealth far exceeding this amount. He has publicly resolved to repeat the falsehood “a thousand times.” Indeed, he doubled down on his false claims about Ms. Carroll on social media and on the campaign trail even as the jury was hearing his case.But this “will he or won’t he?” speculation is only the latest data point in a larger, more alarming trend of libel damages simply not seeming to carry the deterrent effect that defamation law presupposes they will have. We have entered an era in which the incentives to serve up lies for politics or profit are so strong that libel damage awards and settlements may not meaningfully change behaviors.Several examples show a stark break from the past. For most of the long history of libel law, a jury determination that material was false and defamatory settled the question, and defendants facing that liability would take every possible step not to repeat the lie — both because it would be socially reprehensible to do so and because the risk of punitive damages was a powerful deterrent unlikely to be overcome by any stronger incentive. In short, libel law used to stop the libel.But recent cases have revealed some defendants who seem motivated to defame even as their assets are depleted or made unreachable to plaintiffs. Rudy Giuliani, who reasserted his defamatory allegations against two Georgia poll workers outside the courthouse as the jury decided his case, filed for bankruptcy just days after he was ordered to pay $148 million for those lies. Alex Jones did the same less than two months after a jury ordered him and his Infowars parent company to pay close to $1 billion for years of lies about the Sandy Hook families. He had used his broadcasts to rail against the suits throughout the proceedings and to seek audience donations to fund them.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      E. Jean Carroll Promises to Do ‘Something Good’ With Money Won From Trump

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      The writer was awarded $83.3 million for his defamation. Now, she will have to figure out how to use it.As soon as E. Jean Carroll heard the verdict on Friday — $83.3 million in defamation damages against Donald J. Trump — a world of possibility opened before her: How to use the money?The amount vastly eclipsed the $5 million awarded to her by a jury last spring in a different trial against Mr. Trump. It could take years before she sees the money, as Mr. Trump has said he will appeal, but she is already considering how she might use the money once she obtains it.“I’m not going to waste a cent of this,” she said. “We’re going to do something good with it.”Figuring that out will take some time, she added. But she will splurge on one luxury, she said — for her Great Pyrenees and her pit bull. “I’m going to be able to buy some premium dog food now,” she said.Ms. Carroll, appearing relaxed and happy in her lawyers’ offices on Saturday, spoke in her first interview since the Manhattan jury’s award in her favor a day earlier.Ms. Carroll, 80, sued Mr. Trump, 77, for defamation after he called her a liar in June 2019, when she first publicly accused him, in a magazine article, of sexually assaulting her in a Bergdorf Goodman dressing room decades earlier. Mr. Trump continued to attack Ms. Carroll, in posts on his Truth Social website that lasted right into the trial, as well as in news conferences and on the campaign trial.After the verdict on Friday, Mr. Trump, issued a new attack on social media: “Our Legal System is out of control, and being used as a Political Weapon.” But he avoided criticizing Ms. Carroll, a silence that spoke volumes. Ms. Carroll said she was not ready to assume that the former president was finished with her.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      As Trump Treats Trials Like Rallies, Judges Study How to Rein Him In

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      One judge was reluctantly permissive. Another came down hard. Their contrasting approaches may inform the jurists overseeing the former president’s criminal trials.Donald J. Trump doesn’t change. Judges do.Two weeks ago, a New York judge, Arthur F. Engoron, permitted Mr. Trump to personally deliver a closing argument in his civil fraud trial as long as he stuck to the facts and avoided a courtroom “campaign speech.” Mr. Trump bulldozed through the restrictions, repeated his familiar claim of a “political witch hunt” and assailed the judge to his face.Then last week, after a lawyer down the street at the E. Jean Carroll defamation trial complained that Mr. Trump was grumbling “con job” and “witch hunt” loud enough for jurors to hear, Judge Lewis A. Kaplan sternly warned him that, although he had the right to be present, “that right can be forfeited — and it can be forfeited if he is disruptive.”Ms. Carroll’s lawyers did not find reason to complain again.The judges’ different approaches to the tempestuous storm that entered their courtrooms — and the different results — could offer lessons beyond the two New York cases. They may provide guidance for the judges set to oversee Mr. Trump’s four potential criminal trials, who will want to keep the 45th president from transforming his legal proceedings into political spectacles.“The thing you’ve got to do primarily is set rules and enforce them,” said John S. Martin Jr., a former U.S. District Court judge in Manhattan. “I think if the judge is tough and doesn’t back down, Trump will back down.”Mr. Trump, 77, often finds himself in courtrooms these days, alternating those appearances with campaign stops — and using both for political purposes as he seeks the Republican presidential nomination. On Tuesday, after attending jury selection in Ms. Carroll’s trial, he flew to New Hampshire to begin campaigning. He then returned to court on Wednesday, when she testified, before heading back to New Hampshire.Judges regularly confront defendants who are powerful public figures, like politicians or chief executives, who are used to dominating a room.But judges, particularly those in federal court who enjoy lifetime tenure, do not easily surrender their authority. Typically, threats of financial sanctions, contempt or even short jail sentences can calm the most unruly of courtroom disrupters.What has made Mr. Trump’s appearances challenging is that he may be making the calculation that disobeying a judge or perhaps even losing a legal argument could be politically advantageous. In Ms. Carroll’s defamation trial, Mr. Trump seemed almost to be goading Judge Kaplan into throwing him out of the courtroom.After his two recent confrontations with the judges, Mr. Trump held news conferences before cheering supporters in the lobby of his building at 40 Wall Street. Standing before a row of American flags, he repeated his themes of personal persecution. He called the state attorney general, Letitia James, who had sued him in the civil fraud case, “deranged” and “a political hack.” A week later, he labeled Judge Kaplan “a Trump-hating guy,” and brushed aside Ms. Carroll’s claims. “I, frankly, am the one that suffered damages,” he said.Donald J. Trump has held news conferences at one of his buildings after his court appearances, at which he claims victimhood.Alexi J. Rosenfeld/Getty ImagesBoth of Mr. Trump’s Manhattan trials are still pending. There is no jury in Ms. James’s civil fraud case in New York State Supreme Court; Justice Engoron’s ruling on whether Mr. Trump and his company are liable for a $370 million penalty being sought by the state is expected toward the end of this month.Ms. Carroll’s defamation trial is being heard by a nine-person jury in Federal District Court, with Judge Kaplan overseeing the proceedings. The only issue is how much money, if any, Mr. Trump must pay Ms. Carroll, 80, for defaming her after she accused him in 2019 of sexually abusing her decades before, and for his persistent attacks in statements and social media.Testimony is expected to continue through at least Monday, when the former president has indicated he might testify.Judge Lewis A. Kaplan has been on the bench since 1994 and runs his court sternly.Jefferson Siegel for The New York TimesJudge Kaplan, 79, was appointed to the federal bench by President Bill Clinton in 1994. He is known for his command of the courtroom and, at times, his impatience with lawyers who seem to be unprepared. He has presided over trials involving such boldface-name defendants as Sam Bankman-Fried, the tousle-haired cryptocurrency mogul convicted in November, and Sulaiman Abu Ghaith, a son-in-law and adviser to Osama bin Laden whom the judge sentenced to life in 2014.The judge also presided last spring in a previous case that Ms. Carroll brought against Mr. Trump. In that trial, a jury awarded her $5 million in damages after finding him liable for sexually abusing her in the 1990s and defaming her in a different statement than those that prompted the current case before Judge Kaplan.“This is not his first rodeo,” said Katherine B. Forrest, a former colleague of Judge Kaplan’s on the Manhattan federal bench. “He is going to be quite careful and thoughtful about how he handles this situation.”“I’m sure he’s thinking about when he draws lines, how he draws lines, what the lines mean and what agenda it plays into,” Ms. Forrest added.Judge Kaplan has already ruled that Mr. Trump and his lawyers may not contest the jury’s finding last May that Mr. Trump sexually abused Ms. Carroll or that his statements about her were defamatory.But if Mr. Trump is again disruptive or even removed from the courtroom, the trial should be able to continue, said Michael B. Mukasey, who served as a Manhattan federal judge for nearly two decades. Mr. Mukasey said Judge Kaplan would have an obligation to ensure the jury is not influenced by any extraneous matter.“He would want to make sure that they understand that neither Trump’s antics, nor whatever results from them, is evidence,” Mr. Mukasey said, “because they take an oath to decide the case based only on the evidence and his instructions on the law.”In the state court, Justice Engoron, 74, also has long experience. A former cabdriver and aspiring musician, he makes frequent jokes from the bench and maintains a cordiality with lawyers and witnesses alike.He is a character outside the courtroom too — he once submitted a story to The New York Times about approaching the singer Art Garfunkel, informing him “My name’s Art, too” — and subsequently being mocked by a friend.But Mr. Trump and his lawyers have appeared to test Justice Engoron’s good humor as the judge seeks to determine whether the former president is liable for violating state laws by inflating his net worth, as Ms. James, the attorney general, has argued.When one of Mr. Trump’s lawyers, Christopher M. Kise, said that the former president wanted to speak during closing arguments this month, Justice Engoron said he would permit that as long as Mr. Trump agreed to the conditions that bind any lawyer: to stick to the facts and the law.The former president did not agree to do so. In open court, Mr. Kise renewed his request, prompting a sigh from Justice Engoron. “This is not how it should have been done,” he said.Still, he let Mr. Trump speak, and the former president used his five minutes to attack Ms. James and the judge.One condition Justice Engoron set, however, appeared to be effective: He told Mr. Trump that if he attacked the judge’s staff members — violating a gag order — he would be removed from the courtroom and fined at least $50,000.During his diatribe, Mr. Trump refrained from attacking any staff members.Kate Christobek More

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      E Jean. Carroll’s Lawyers Ask That Trump Not Make Defamation Trial a ‘Circus’

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      The writer next week will seek a second round of damages from the former president for his denials that he sexually assaulted her.A lawyer for the writer E. Jean Carroll, whose latest defamation lawsuit against Donald J. Trump is scheduled for trial next week in Manhattan, asked a judge Friday to ensure that if the former president testifies, that he does not stray beyond the narrow issue in the case, with the goal of “turning this trial into a circus.”“If Mr. Trump appears at this trial, whether as a witness or otherwise,” the lawyer, Roberta A. Kaplan, wrote in a letter, “his recent statements and behavior strongly suggest that he will seek to sow chaos.”In the letter, which comes just four days before jury selection is to begin in Federal District Court, Ms. Kaplan cited Mr. Trump’s continued derogatory public comments about Ms. Carroll and his behavior in another case involving him this week.On Thursday, Mr. Trump attended the final day of trial in the New York attorney general’s civil fraud case against him, where — after the judge allowed him to argue on his own behalf — he attacked the attorney general, Letitia James, called himself the victim of fraud and assailed the judge to his face. Afterward, Mr. Trump told reporters that he also planned to attend Ms. Carroll’s trial.“I’m going to explain I don’t know who the hell she is,” he said. “I have no idea.”But the judge, Lewis A. Kaplan, has already ruled that a jury’s verdict last May in an earlier civil trial, which found that Mr. Trump was liable for sexually assaulting Ms. Carroll in a department store dressing room in the 1990s and had later defamed her, will carry over to the trial next week. The judge thus has limited the trial to one issue — what damages, if any, Mr. Trump must pay Ms. Carroll for defaming her on a separate occasion in 2019 when he called her allegation “totally false.”The request by Ms. Carroll’s lawyer to constrain Mr. Trump, 77, comes as he has lashed out at her while moving among courthouses and political stops in his quest for the Republican presidential nomination. On a single day recently, he issued more than 40 derisive posts about her on his Truth Social website, and last weekend, while campaigning in Iowa, he accused her of fabricating her claim and called the judge in the case a “radical Democrat in New York.”Mr. Trump’s lawyer, Alina Habba, declined to comment on Ms. Kaplan’s letter, citing trial publicity rules. The judge said Friday that Mr. Trump had until Sunday to file a response, and Ms. Habba said she would be doing so.In her letter, Ms. Kaplan (who is not related to the judge) asked that he admonish Mr. Trump about the limited damages issue before the jury. She also asked that he require Mr. Trump to state on the record and under oath, out of the jury’s presence, that he understands that certain facts have been established.“The court’s recent rulings leave no doubt about what is permissible and what is off-limits,” Ms. Kaplan wrote. “Mr. Trump cannot testify that he did not sexually assault Ms. Carroll. He cannot claim that he did not rape her, or did not know her, or had never seen her before. He cannot question or attack her motives for revealing that he had assaulted her. He cannot say that he was defending himself from a false accusation.”The letter asked that Mr. Trump acknowledge he understands and accepts “all of the limits that the court has imposed on his testimony” and will act in accordance.Mr. Trump has been attacking Ms. Carroll, 80, since 2019, when she first accused him of raping her in a book excerpt that appeared in New York magazine. She has sued him twice, and in the first case to go to trial last May, the jury awarded Ms. Carroll damages of just over $2 million for sexually abusing her and nearly $3 million for defaming her, in 2022, when he called her claim “a complete con job” and a hoax.Because the judge found that Mr. Trump’s statements in 2019 were “substantially the same” as those that prompted the defamation award last May, there was no need to revisit the underlying facts of the assault.Ms. Kaplan in her letter included a transcript of Mr. Trump’s remarks on Thursday to the judge who is deciding the civil fraud trial, in which the former president called the state’s case “a political witch hunt” and declared he was innocent.“It takes little imagination to think that Mr. Trump is gearing up for a similar performance here — only this time, in front of a jury,” Ms. Kaplan wrote.Susan C. Beachy More

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      The Unsettling Truth at the Heart of the Giuliani Case

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      No sooner did a jury deliver a nearly $150 million defamation judgment against the former New York City mayor Rudy Giuliani than he went out and again started smearing the two Georgia election workers at the center of the case. Within days, he filed for bankruptcy, shielding himself in the near term from having to surrender whatever assets he has to his creditors.His brazen thumbing of his nose at the jury and the legal system laid bare some unsettling truths about justice. Defamation law is one of the few tools that lawyers have to hold people accountable for using lies to destroy reputations and to deter wrongdoing. In the aftermath of the 2020 election, county clerks, election officials and other public servants targeted by politically motivated conspiracy theories like the Big Lie have used defamation lawsuits to try to clear their names and correct the public record.But in a hyperpartisan era when the incentives to tell lies about your political opponents can seemingly outweigh the risks, is defamation law still up to the task? And if admitted liars like Mr. Giuliani can avoid having to pay up, what does accountability even look like now?Ruby Freeman and Shaye Moss, the two election workers who sued Mr. Giuliani for falsely claiming that they stole the 2020 election in Georgia for Joe Biden, will probably only ever see pennies on the dollar of the full amount that a Washington, D.C., jury awarded them.There are a few procedural hurdles to clear: The bankruptcy proceedings will hinge on whether a judge decides that Mr. Giuliani’s actions were “willful and malicious.” (If they were, he’ll still have to pay, even in bankruptcy.) Then there’s the question of whether he has the money to pay his debts. According to his bankruptcy petition, he has $1 million to $10 million in assets — nowhere close to what he’d need to clear the roughly $153 million he says he owes in total. (That number doesn’t include ongoing lawsuits against him that could also lead to financial settlements.) Ms. Freeman and Ms. Moss could negotiate a settlement with him or choose to pursue a percentage of his assets and earnings for the rest of his working life.Recouping any money in a defamation judgment can take time. After juries in Connecticut and Texas found Infowars founder Alex Jones liable for more than $1.4 billion for spreading lies and conspiracy theories about the Sandy Hook school shooting, the families of victims who sued him and his businesses have spent the past year fighting him in bankruptcy. Only after a judge ruled that Mr. Jones’s conduct had met the “willful and malicious” standard did he finally propose a greatly reduced settlement of $5.5 million per year for five years and then a percentage of his business income for the next five. (The Sandy Hook families, who filed their suits nearly six years ago, have offered their own plan to liquidate all of Mr. Jones’s existing assets and to pursue his future earnings to collect on their jury verdict.)But victory for plaintiffs in cases like these is not limited to money. A trial gives victims of viral disinformation a chance to confront their tormentor in a court of law, where facts and procedures still matter, offering them a real sense of catharsis and vindication. Especially in cases that involve major news events, defamation suits can also help correct the public record. The trial in Freeman v. Giuliani not only proved that Ms. Freeman and Ms. Moss had not done any of the criminal acts Mr. Giuliani alleged; it exhaustively debunked one of the biggest conspiracy theories to emerge from the 2020 presidential election.Tens of thousands of articles and TV segments amplified the trial’s findings to a massive audience. “This case was never about making Ruby and Shaye rich,” said Michael J. Gottlieb, the lead lawyer for the two women. “Of course, we wanted them to be compensated. But it was about accountability and establishing a public record of the truth about what happened at State Farm Arena in November 2020.”On a societal level, the real hope for these defamation cases is that over time, as more liars are brought low by their actions and held accountable in court, politicians and political operatives will pause before spreading disinformation and, slowly, this country will move toward a better, safer political discourse. For now, that seems overly optimistic. The twisted incentives created by extreme polarization and a fragmented media landscape might lead a young up-and-comer in conservative (or liberal, for that matter) politics to traffic in disinformation and conspiracy theories if that is the quickest way to fame, fortune and influence — consequences be damned.Our society counts on defamation judgments to draw a line between truth and falsity, and “we don’t imagine that there will routinely be recalcitrant defendants who will feel the incentive to lie to audiences that are eager to accept those lies is greater than the incentive to abide by the rule of law,” said RonNell Andersen Jones, a University of Utah law professor and media expert. “Our libel system doesn’t really envision those dynamics.” Libel law itself may be outdated — too slow or too weak to reckon with the realities of modern politics.But there is reason to hope. As the Giuliani case shows, deterrence can take many forms. When Mr. Giuliani uttered more lies about Ms. Freeman and Ms. Moss shortly after the verdict, they filed a new lawsuit in the same court, seeking an injunction to prevent him from continuing to defame them. If successful, that case could be the strongest protection they have from getting drawn into the spotlight once more.Even without an injunction, now that a court has ruled that Mr. Giuliani defamed the two women with actual malice — meaning he knowingly or recklessly made the false statements in question — media outlets large and small may be hesitant to give him a platform. Even if the judgment doesn’t chasten Mr. Giuliani, it will almost surely make networks like Fox News and One America News think twice before they put him on the air.More than updating defamation law or passing new legislation, the way to send a signal to future Rudy Giulianis and Alex Joneses is by defending victims of widespread lies — and the larger truth — at scale. One of the legal organizations that represented Ms. Freeman and Ms. Moss, Protect Democracy, is attempting to do just that. The group is also representing them in a separate lawsuit against the right-wing blog The Gateway Pundit and is representing a Pennsylvania postal worker smeared by Project Veritas, a county recorder in Arizona attacked by the Republican candidate Kari Lake and a voter in Georgia accused of being a “ballot mule” by Dinesh D’Souza.These cases will test whether our legal system can evolve to meet the challenges posed by our viral era. But at the least, Ms. Freeman and Ms. Moss have shown that you don’t have to be rich or powerful to achieve justice.Andy Kroll (@AndyKroll) is a reporter at ProPublica and the author of “A Death on W Street: The Murder of Seth Rich and the Age of Conspiracy.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow the New York Times Opinion section on Facebook, Instagram, TikTok, X and Threads. More

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      Judge Orders Giuliani to Pay $148 Million Damage Award Immediately

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      A federal judge found that Rudolph Giuliani had a history of hiding assets and that he must swiftly pay two Georgia election workers he was found to have defamed.A federal judge on Wednesday ordered Rudolph W. Giuliani to immediately pay the $148 million he owes to two former Georgia election workers for falsely accusing them of manipulating ballots after the 2020 election, citing concerns that he might “conceal his assets” if he were allowed to wait.The decision by the judge, Beryl A. Howell, was the latest legal defeat for Mr. Giuliani, who is facing an array of woes for his efforts three years ago to keep former President Donald J. Trump in office after his election defeat. But even though Judge Howell ordered speedy payment, there is no indication that Mr. Giuliani, whose long-running financial problems have only been intensifying, has anywhere near the amount he owes.On Monday, a few days after a jury in Washington imposed the damages on Mr. Giuliani, the election workers, Ruby Freeman and Shaye Moss, asked Judge Howell to waive the standard 30-day waiting period and force him to pay them as soon as possible.In their request to Judge Howell, the women, who are mother and daughter, said that Mr. Giuliani had already failed to obey other court orders in the case related to money that he owed them. They also noted that Mr. Giuliani, a onetime U.S. attorney and mayor of New York, was being hounded by his creditors, including his former lawyer, and was saddled by “significant debts threatening his personal solvency.”“There is especially good reason,” lawyers for the women wrote, “to believe that defendant Giuliani intends to evade payment of the judgment by any means he can devise.”In a 13-page order, Judge Howell agreed with virtually everything Ms. Freeman and Ms. Moss said about Mr. Giuliani, who admitted that he lied about the women in advance of his trial this month to determine damages in Federal District Court in Washington. Before the trial began, Judge Howell found that Mr. Giuliani was liable for defamation, civil conspiracy and intentional infliction of emotional distress.At the trial, Ms. Freeman and Ms. Moss described how they were subjected to a torrent of threats and racist abuse after Mr. Giuliani, then the personal lawyer to Mr. Trump, directed his millions of social media followers to watch a video of them in a Georgia vote counting center, asserting without any basis that they were cheating Mr. Trump as they counted votes on Election Day.“Giuliani just messed me up, you know,” Ms. Freeman told the jury.The decision on Wednesday to speed up the payments was warranted, Judge Howell wrote, given Mr. Giuliani’s history as an “uncooperative litigant.” The judge said he had a record of disregarding her orders to pay the women’s legal fees and costs related to requests for discovery material.“Giuliani feebly counters concerns about him hiding assets, stating that there is no evidence in the record of any attempt by him to dissipate assets,” she wrote. “This statement simply ignores the ample record in this case of Giuliani’s efforts to conceal or hide his assets.”While Mr. Giuliani could still appeal the damages awarded by the jury, Judge Howell pointed out that the sum the jurors came up with was actually “conservative.” As part of his appeal, he could ask for a stay of immediate payment — though, as Judge Howell noted, he would still have to post a surety bond to show that he was good for at least some portion of the money if he lost. More

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      Georgia Election Workers Sue Giuliani Again

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      Ruby Freeman and Shaye Moss asked a federal judge to bar Rudolph Giuliani from continuing to make unfounded accusations that they cheated Donald Trump out of votes in the 2020 election.Two former Georgia election workers who successfully sued Rudolph W. Giuliani for spreading baseless lies about them after the 2020 presidential election sued him again on Monday, seeking to bar him from continuing to repeat those falsehoods.Lawyers for the election workers, Ruby Freeman and Shaye Moss, also asked the Federal District Court in Washington on Monday to force Mr. Giuliani to pay the $148 million in damages he owes the women immediately because of his financial troubles. Typically, there is a 30-day delay before a defendant can be forced to pay.On Friday, a jury awarded the damages to Ms. Freeman and Ms. Moss for the destruction of their reputations and the infliction of significant emotional strain.During the weeklong trial to determine the amount of compensation and in the days after, Mr. Giuliani, speaking in interviews and to reporters outside the courthouse, reasserted his debunked claims that the women sought to deprive President Donald J. Trump of victory as they counted votes in Fulton County, Ga., on Nov. 3, 2020.In the new lawsuit, Ms. Freeman and Ms. Moss are asking that the court force Mr. Giuliani to stop making the baseless allegations.The two actions on Monday signal that the women will continue to press their case aggressively against Mr. Giuliani after the jury’s verdict on Friday.Mr. Giuliani’s false accusations about Ms. Freeman and Ms. Moss began when he was serving as Mr. Trump’s personal lawyer. At the time, he was helping to lead Mr. Trump’s efforts to overturn the 2020 election.“Defendant Giuliani has proven himself to be an exceptionally recalcitrant litigant, and has demonstrated an unwillingness to comply with judicial process, including orders to pay attorney’s fees and costs,” according to Monday’s court filing in the women’s first lawsuit against Mr. Giuliani.“There is especially good reason to believe that Defendant Giuliani intends to evade payment of the judgment by any means he can devise,” the filing said.Mr. Giuliani has refused to turn over to the court information about his assets that could establish his net worth. Lawyers for Ms. Freeman and Ms. Moss said there was a “substantial risk” that Mr. Giuliani would liquidate what assets he had before the women saw any of the damages.After the verdict on Friday, a lawyer familiar with his legal situation said Mr. Giuliani was likely to file for bankruptcy.Mr. Giuliani is being sued by a former lawyer for unpaid bills and faces another defamation suit stemming from his work seeking to keep Mr. Trump in power. He is also under criminal indictment in Georgia related to these efforts.E. Jean Carroll, a former advice columnist and fixture in Manhattan’s media circles, won a defamation lawsuit against Mr. Trump this year. But like Mr. Giuliani, Mr. Trump continued to defame her, and so she sued him again.Paying damages can be dragged out for years.Alan Feuer More

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      Giuliani Was Ordered to Pay $148 Million. What Happens Now?

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      The two election workers who sued Rudolph W. Giuliani for defamation won’t be paid right away, and the judge could change the amount awarded by the jury.A federal jury in Washington ordered Rudolph W. Giuliani last week to pay $148 million in damages to two former Georgia election workers he defamed by spreading baseless claims that they tried to steal votes from Donald J. Trump on Nov. 3, 2020.Mr. Giuliani, who faces a litany of legal and financial troubles, has said he will appeal the verdict.Here’s what happens next:The judge will order a judgment on what Mr. Giuliani must pay.The jury awarded the two former poll workers, Ruby Freeman and her daughter, Shaye Moss, who are Black, $148 million. That was after they gave hours of emotional testimony describing the relentless threats and attacks they received, including from people who said they should be hanged for treason or lynched. The total included a combined $75 million in punitive damages; compensatory damages of $16.2 million to Ms. Freeman and $16.9 million to Ms. Moss; and $20 million to each of them for emotional suffering.Before Ms. Freeman and Ms. Moss can collect any money, the judge, Beryl A. Howell of the Federal District Court in Washington, will need to enter a judgment ordering the amount Mr. Giuliani is required to pay. In civil cases like this one, the judge can change the amount determined by the jury.Once Judge Howell rules on the amount, Mr. Giuliani can appeal the decision.The money will not come immediately.“Defense lawyers can string out these cases for pretty substantial periods of time before payments actually have to be made,” said Robert L. Rabin, a professor at Stanford Law School with expertise on torts and compensations.If Mr. Giuliani appeals the verdict, Ms. Freeman and Ms. Moss could ask the judge to make him post a bond to secure some of his assets while an appeal is pending, said Christopher M. Mattei, a lawyer who represented the Sandy Hook families in their defamation case against the Infowars founder Alex Jones.The women can also request a special proceeding to look into ways to collect the judgment from him, such as garnishing his wages. Mr. Giuliani, who served as the mayor of New York City and as a federal prosecutor, cannot currently work as a lawyer because of disciplinary actions against him.Mr. Giuliani refused to comply with the court’s requirement to disclose financial documents that would show his net worth, including how much money he makes from media endeavors such as his podcast.And at any point, Mr. Giuliani and Ms. Freeman and Ms. Moss could agree on a settlement.Mr. Giuliani will still be on the hook, even in bankruptcy.After Friday’s verdict, Mr. Giuliani was likely to file for bankruptcy protection, according to a lawyer familiar with his legal situation.The damages he owes Ms. Freeman and Ms. Moss are considered an “intentional tort,” meaning Mr. Giuliani was aware of what he was doing when he defamed the women by spreading baseless lies about election fraud, and bankruptcy would not erase his liability.“It may be that Ruby Freeman and Shaye Moss are able to chase Rudy Giuliani to his grave to catch every penny they can out of his pockets,” Barbara L. McQuade, a University of Michigan law professor, said recently on MSNBC. Ms. McQuade was a U.S. attorney for the Eastern District of Michigan from 2010 to 2017.If Mr. Giuliani, who is 79, dies before Ms. Freeman and Ms. Moss receive compensation, they could still collect compensatory and emotional damages against his estate, Mr. Rabin said.Mr. Giuliani faces additional legal challenges.Mr. Giuliani is under indictment in Georgia. A local prosecutor brought racketeering charges against him, Mr. Trump and others for their efforts to overturn the election results in Georgia.He faces a defamation suit from Dominion Voting Systems, one of the largest voting machine vendors in the country. The company accused Mr. Giuliani of spreading lies about the company as part of his efforts to keep Mr. Trump in office.Mr. Giuliani’s former lawyer, Robert J. Costello, is also suing him for $1.3 million in unpaid legal fees. And a former employee, Noelle Dunphy, filed a lawsuit in May, claiming that Mr. Giuliani harassed and assaulted her beginning in 2019. Mr. Giuliani has denied the allegations. More