After having an affair with President Trump, then accepting $130,000 and signing a silencing agreement just before the election, the lawsuit the porn star filed last week went viral.
But since she chose to sign the agreement, how can she talk about the affair now? And what does this scandal have to do with my field of personal injury?
You know by now that the case involves a shadowy nondisclosure agreement between the comically named David Dennison and Peggy Peterson.
A clause in the agreement required the parties to resolve disputes through confidential arbitration, a provision common in whistle-blower contracts, and provides for enormous damages of $1 million if “Peggy” speaks out.
But Trump never signed the contract, so there is a legal question whether it is valid. And there is the moral issue of whether the most powerful man in the world can stifle anyone, especially a woman in this era of “me-too.”
The administration just indicated that it has already won a temporary restraining order and may try to to exercise prior restraint on the freedom of the press and prevent her interview with 60 Minutes from being broadcast.
Her lawsuit has lavished attention on this once obscure legal detail. Continue reading