Sunday, January 15, 2023

As Expected, The Federal Class Action, Against Trump's -- And Melania's -- Egregious NDAs Imposed On Employees While Working At The White House... Is Settled.


Just as we last indicated on December 10, 2022 (and repeatedly so, over the prior two and a half years!), Tangerine was completely out of line, legally -- in asking people working for him at 1600 Penn to sign non-disclosure agreements, and then shockingly atrocious, when he and Melania used the US AG (Bill Barr) to bring suit against potential violators of the so-called NDAs. . . in writing truthful memoirs, or whistle-blowing activities. That was taxpayer money, and he and she were supposed to be OUR servants, not the other way around.

But it is all corrected now, though it took and injunction and federal class action litigation in Manhattan to get there. Here is the letter; and here is the full settlement order packet -- and a bit of that latter document.

. . .Ms. Denson, individually and on behalf of a class of similarly situated persons, alleged in her First Amended Class Action Complaint, dated April 5, 2022 (the “Complaint”), that Ms. Denson and the Campaign entered into a contract (the “Employment Agreement”) dated on or about August 18, 2016, and that certain provisions in the Employment Agreement -- referred to herein as the “non-disclosure” and “non-disparagement” provisions -- violate New York contract law, the New York Constitution, and the First Amendment to the United States Constitution. . . .

[O]n March 30, 2021, the Court in the Litigation declared the non-disclosure and non-disparagement provisions contained in the Employment Agreement invalid and unenforceable. . . .

Within 21 days of the Court’s entering the Proposed Orders as orders (thereafter the “Orders”) and approving this settlement, the Campaign will pay to Class Counsel an aggregate total of $[redacted], constituting the reasonable and stipulated fees and expenses of Class Counsel, a reasonable incentive award of $[redacted] for the benefit of Class Representative, and any costs incurred by Ms. Denson or Class Counsel in connection with any effort to notify the Settlement Class of the Orders and this Settlement Agreement. Payment shall be wired to the account listed below. . . .


It will likely be a month or three, before all class members are notified, and a final court-reviewed settlement plan goes out. But it is clearly the correct result, and it is. . . inevitable, now that the Trumps will be out a few million more dollars -- for violating black letter US law, as to vulnerable employees. Grin.

नमस्ते

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