Trump Wins Dismissal of 2018 Lawsuit Over Video Phone Promotions

[Spread 'em Fani Willis]

(Bloomberg) -- With one trial down and another starting next week, former
President Donald Trump quietly eked out a courtroom victory in a low-
profile lawsuit that’s been grinding away for more than five years.

A New York judge on Thursday dismissed a federal suit in which a group of
former Trump fans accused him of ripping off viewers of his Celebrity
Apprentice TV show for years by pitching investments in a company that
sold bulky desktop videophones, which he insisted were the next big thing.

The dismissal by US District Judge Lorna Schofield is a setback for
plaintiffs’ attorney Roberta Kaplan, who also represents New York writer
E. Jean Carroll in a defamation suit against Trump that’s going to trial
next week. And it comes just after closing arguments in New York state’s
civil fraud trial against Trump, the Republican front runner in the race
for the White House.

The decision in the videophone case, which had been set for trial later
this month, follows earlier rulings that narrowed the case in Trump’s
favor. The judge said the plaintiffs can take their claims to state courts
in California, Maryland and Pennsylvania, where they live. They can also
appeal the dismissal to the Second Circuit in Manhattan and seek to revive
the case in federal court.

“Today’s decision addresses only where – not if – plaintiffs’ claims
should be brought to trial,” Kaplan said in a statement. “We intend to
continue the fight, and our brave clients look forward to their day in
court.”

The case has been struggling to gain traction in court for several years.
The only federal claim in the suit — a racketeering claim — was dismissed
in 2019, while a crucial request by the plaintiffs seeking class-action
status to represent thousands of other alleged victims was denied in
October. And Trump’s children, Donald Trump Jr., Eric Trump and Ivanka
Trump, were voluntarily dropped from the suit last year by the plaintiffs
to streamline the case.

The 2018 suit alleged that Trump’s promotions duped investors into paying
thousands of dollars to become independent sellers with ACN Opportunity
LLC, which sold the doomed videophone device and other products. The
clunky devices were made obsolete by smartphones.

Trump was accused of falsely telling ACN investors that he believed in the
product despite knowing nothing about it, and falsely claiming he wasn’t
being paid to promote it. Trump attended massive ACN promotional events,
and his videotaped pitches were shown at ACN events large and small across
the country for years, according to the suit.

“Trust me — it’s changing everything,” Trump, who was paid almost $9
million to promote ACN products from 2005 to 2015, said in a promotional
video shown at investor events across the country. “The absolute truth is
that this technology will be present in every home within the next several
years.”

The case is McKoy v. Trump Corp., 18-cv-9936, US District Court, Southern
District of New York (Manhattan).

https://news.yahoo.com/trump-wins-dismissal-2018-lawsuit-181244531.html