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More Than Incremental Damages

The verdict has come down in the latest E. Jean Carroll defamation case against Donald Trump and the award is enormous: $83.3 million, or more than 16 times the $5 million she was awarded in the first defamation trial. Trump’s bizarre trial strategy is a likely culprit behind the huge judgment: his choice of a combative-yet-incompetent lawyer, his tactic of making as obnoxious a spectacle of himself as possible, and his insistence on relitigating questions that were supposed to have been settled in the first case, all failed to combine to send the jury any message like “this man has already…

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