silvertop
Member
- Location
- Portishead
- Country
England
Throwing a case out is harder than you think. The court is tasked with denying a party their constitutional right to trial. The case has to have absolutely no chance of success, otherwise the court will give the party the benefit of the doubt even if it thinks the case is unlikely to win at trial. The case against the Wall Street Journal must have been fanciful at best.Law suits are harder to prove in the US as untrue is not enough, you also have to prove malicious intent and damage. I assume in this case Trump couldn't. However these cases vary state by state, so people try and shop around if they can.
There are, of course, technical reasons why a case will also be dismissed. Thus, in the case of Trump v BBC, Trump has been ordered to depose on discovery (ie to make sure he has disclosed all the relevant documents). If he fails to obey the order his case may be thrown out.
The media worm is turning. Claims were settled regardless of the feeble merits to avoid the cost and adverse PR. Trumps claims were always motivated by ego, politics, media control and extortion. He got away with it for years. The Fourth Estate is finally kicking back.