Judge strikes down Trump's $15 billion suit against the New York Times

[LetMyPeopleVote]

Source: Washington Post

A federal judge in Tampa struck down President Donald Trump’s defamation lawsuit against the New York Times, saying that the 85-page complaint was “decidedly improper and impermissible” under the rules governing civil proceedings in federal court.

U.S. District Judge Steven D. Merryday, an appointee of President George H.W. Bush, issued a scathing ruling on Friday, lambasting the president and his lawyers for their complaint.

“In this action, a prominent American citizen (perhaps the most prominent American citizen) alleges defamation by a prominent American newspaper publisher (perhaps the most prominent American newspaper publisher) and by several other corporate and natural persons,” he wrote. “Alleging only two simple counts of defamation, the complaint consumes eighty-five pages. Count I appears on page eighty, and Count II appears on page eighty-three.”...

In addition to the legal issues at hand, Merryday bemoaned the writing.

“The reader of the complaint must labor through allegations, such as ‘a new journalistic low for the hopelessly compromised and tarnished ‘Gray Lady.' The reader must endure an allegation of ‘the desperate need to defame with a partisan spear rather than report with an authentic looking glass’ and an allegation that ‘the false narrative about ‘The Apprentice’ was just the tip of Defendants’ melting iceberg of falsehoods.’”

The judge said every lawyer should know that a complaint is not a “public forum for vituperation and invective” and not a “megaphone for public relations or a podium for a passionate oration at a political rally or the functional equivalent of the Hyde Park Speakers’ Corner.”

Read more: https://www.washingtonpost.com/business/2025/09/19/judge-strikes-down-trumps-15-billion-suit-against-new-york-times

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Judge strikes down Trump’s billion suit against the New York Times

www.washingtonpost.com/business/202...

— JJ's Bucket Hat (not Rodney) (@mrtriskaideka.bsky.social) 2025-09-19T16:30:10.810Z

[LetMyPeopleVote]

1. A federal judge just sumamrily struck Trump's complaint against the New York Times, calling it, essentially, garbage

Link to tweet

[dweller]

2. 🤔

✌🏻

[Ocelot II]

3. What did I tell ya?

https://www.democraticunderground.com/?com=view_post&forum=1002&pid=20647485

If anyone wants to read this Truth Social post disguised as a lawsuit, here's the complaint in all its absurd glory: https://storage.courtlistener.com/recap/gov.uscourts.flmd.447437/gov.uscourts.flmd.447437.1.0.pdf I feel like I lost a few IQ points just reading that mess. It's basically a blowjob on paper, extolling the brilliance and perfection and sheer genius of Dear Leader for about 75 pages. But I also flashed back to my federal civil procedure class, and made mental notes as to the many violations of the rules of pleading in the Federal Rules of Civil Procedure to be found in this verbal dungheap. Let's start with Rule 8, which says that a complaint is to include "a short and plain statement of the claim showing that the pleader is entitled to relief." There's nothing short or plain about this statement. And: "Each allegation must be simple, concise, and direct. No technical form is required." I didn't see anything simple, concise or direct; the whole thing, complete with photographs, is just a big fat whine about how unfair NYT's reporting was. They claim actual malice, a requirement for a defamation claim against a public figure (this isn't NYT's first rodeo; the actual malice principle came from the landmark case of New York Times v. Sullivan). But Trump's crack team of lawyers doesn't seem to understand what actual malice means in this context - not personal malice or hatred, but the publication of a statement while knowing it was false or with reckless disregard for its truth or falsity. Nothing Trump complains about is factual - it's all opinion, which is protected speech. He just complains that NYT and its reporters hate him and it's so unfair that they don't recognize his genius.

He's trying to extort money from NYT the way he did from CBS. This is SO bad, though, that NYT's lawyers, once they've stopped laughing, should file a Rule 11 motion - sanctions for filing a court document without a reasonable basis in law or fact. But read the thing if you didn't just have lunch.

[LetMyPeopleVote]

5. I share your opinion on this crap lawsuit

It appears that NYT has NOT even filed an answer yet. I am not a litigator but this seems to be unusual.

[tinymontgomery]

22. I'm not a lawyer but I agree.

If they can NYT should file against him and everyone else that he goes after should also if possible.

[rsdsharp]

27. NYT didn't even file a motion to strike the complaint. The judge acted sua sponte.

[tinymontgomery]

35. Again, as a non-lawyer, can NYT now go after him?

Somebody above mentioned they can file some kind of motion.

[rsdsharp]

42. Federal Rule of Civil Procedure 11 requires that a pleading,

after a reasonable inquiry, be based on facts, supported by evidence, by current law, or a nonfrivolous argument to change the law, and NOT intended to harass, delay or cause unnecessary expense (Trump’s MO).

The Court has given Trump’s attorneys 28 days to redraft and refilevthe Complaint to bring it into compliance with Rule 8, which requires a short plain statement of the facts supporting the claim. If, after the refiling, the Complaint is still prolix, the Times could move for sanctions against Trump’s lawyers, and/or Trump himself. Those sanctions could include attorney fees, fines or dismissal of the case.

The Court itself could also issue an order on its own to show cause why sanctions shouldn’t be entered. Given that the judge has already acted on his own, without the Times asking him to, that last point is particularly important.

[LetMyPeopleVote]

23. What is your prediction, does trump replead or appeal to the 11th Circuit and then to SCOTUS?

At first, I was sure that trump and his idiot attorneys would replead. However, this case was never going to go to trial because that would mean that trump would have to be deposed. trump is a horrible witness in depositions. If the purpose of this lawsuit was to get publicity, then appealing this ruling to the 11th Circuit and then to SCOTUS would get trump the publicity that he craves without the risk of being deposed. The original petition in this case was so horrible that the plan may have been to in effect try to force the judge to ask for this type of ruling. I had trouble going through this pleading because it was so bad. It takes work to generate this bad of pleading.

What is your prediction?

[Ocelot II]

25. It's not an appealable order. They will have to refile their complaint in compliance with Rule 8

or drop the case. If the revised complaint doesn't comply it's Rule 11 time.

[LetMyPeopleVote]

4. Judge strikes down Trump's $15bn lawsuit against the New York Times

Judge says US president’s complaint that the newspaper is ‘spreading false content’ about him violates federal rule

Judge strikes down Trump’s bn lawsuit against the New York Times

— The Guardian (@theguardian.com) 2025-09-19T16:19:37Z

https://www.theguardian.com/us-news/2025/sep/19/trump-nyt-lawsuit-judge-ruling

A US judge on Friday struck down Donald Trump’s $15bn lawsuit against the New York Times newspaper and some of its individual journalists. The judge gave the US president leave to amend the action, however, a court filing showed.

The judge in the case said that Trump’s complaint violated a federal rule requiring “a short plain statement” of the claim in an attempt to demonstrate that the plaintiff deserves relief.

Trump launched the massive lawsuit earlier this week accusing the major US publication of being a “mouthpiece” for the Democratic party and of “spreading false and defamatory content” about him.

On Friday the court said such a complaint is not a public forum “for vituperation and invective” or a protected platform “to rage against an adversary”.

The filing against the Times, the latest demonstration of the president’s willingness to use legal action against the media, was made by Trump’s lawyers to a district court in Florida on Monday night.

[Ocelot II]

6. Read the whole order; it's glorious.

https://storage.courtlistener.com/recap/gov.uscourts.flmd.447437/gov.uscourts.flmd.447437.5.0.pdf

[LetMyPeopleVote]

7. I love this opinion

This opinion is only four pages and I also urge everyone to read it

[Marthe48]

9. Yes, it is

Thank you Judge Merryday

I'm so sick of the daily dose of elephant manure from traitor felon. I can't wait for the day when he is nothing more than an empty blivet bag.

[Kali]

12. spank!

some red ass cheeks from that!

[Yo_Mama_Been_Loggin]

8. Uh oh

Donny just unloaded in his Depends.

[Wonder Why]

10. He should charge them with contempt of court.

[Ocelot II]

33. If the revised complaint isn't cleaned up, the lawyers are subject to sanctions -

paying NYT's attorneys' fees, for example - and dismissal of the case, no more do-overs.

[Paladin]

11. Judge Merryday for U.S. Supreme Court, just as soon as possible. (nt)

[rsdsharp]

39. He'll be 75 in about six weeks, and already on senior status.

I don’t think he’s a good candidate, either for us, as a GHW Bush appointee, and it’s for damn sure Donny won’t nominate him after this order.

[ProudMNDemocrat]

13. Aww, poor Donny ain't getting his $15 Billion.

He should be sanctioned for filing this frivolous lawsuit to begin with.

[onenote]

18. He will re-file consistent with the court's decision. I still think he'll lose on the merits.

[Ocelot II]

28. Will Trump let his lawyers file a new complaint that doesn't also include

a huge pile of laudatory bullshit?

I'd have been so embarrassed to sign my name to that mess.

[onenote]

30. Yes. And a lot of the bullshit that will be pulled from the complaint

will show up in attachments that don't count against the 40 page limit set by the judge.
From the opinion: The amended complaint must not exceed forty pages, excluding only the caption, the signature, and any attachment

[Ocelot II]

31. As long as the attachments are more stupid photos

and other irrelevant material, the court is free to ignore them, and almost certainly will.

[onenote]

38. Yes. But the judge would've ignored most of that shit anyway. It was only included to stroke Trump's ego

and including it in attachments will serve that purpose as well.

[Aristus]

14. Oh noes! Diaper Donny has a sad!...

[ificandream]

15. Was just listening to George Conway's podcast this morning about this ...

He had predicted the suit would be thrown out in a month or so. Glad it was much sooner. That's the way it should have been. Now I hope he gets hit with penalties for this completely dumb lawsuit.

[Ocelot II]

32. The case hasn't been thrown out - yet - but the judge told Trump

and his pathetic lawyers that they have to refile the complaint in accordance with the Federal Rules of Civil Procedure. If they file another pile of garbage like that one, however, the lawyers can be sanctioned and the whole case dismissed.

[ificandream]

43. I had only seen the headline when I wrote that

I read the story and then got the judge’s order. Trump’s still using dime store lawyers, I see.

[PatSeg]

16. What a great name - Merryday!

85 pages? Reminds me of writing long, wordy essays in school hoping the teacher won't notice that you didn't really say much of anything. Merryday ain't falling for that crap!

[reACTIONary]

36. I started to read it....

... and not more than a page or two in was overcome and fatigued from rolling on the floor laughing and shaking my head. Then I noticed it was 85 pages.... I knew I would never make it to the end alive, so I called it quits.

[PatSeg]

44. In that case,

I can imagine Merryday's reaction.

[elleng]

17. "decidedly improper and impermissible"

The judge in the case said that Trump’s complaint violated a federal rule requiring “a short plain statement”.

[onenote]

19. I wouldn't get too excited about this ruling.

While the case eventually should, and hopefully will, be dismissed on the merits, the judge's ruling isn't all that significant.
First, it was dismissed without prejudice on a technical procedural ground.
Second, Trump was given time to re-file a more condensed version of the complaint -- 40 pages instead of 85 -- but attachments to the complaint won't count against the page limit so I expect a lot of the material dropped from the complaint to show up in attachments.
Third, the judge was quite clear and emphatic that the decision did not concern the merits of the complaint.

[LetMyPeopleVote]

21. It is not easy to violate Rule 8

This is a very rare event in the legal world.

Link to tweet

[Ocelot II]

26. The question is whether the revised complaint will comply with Rule 8.

Trump probably insisted that the lawyers include that garbage again and he'll have a big mad if they don't do it.

[onenote]

29. The new page limit doesn't include attachments.

I expect Trump will get a lot of the shit that had to be pulled out of the complaint into attachments to the complaint.

[Ocelot II]

34. As long as Rule 8's "short and plain statement of the case" is complied with,

they can attach all the crap they want, and the judge can ignore the crap.

[onenote]

37. Exactly. But getting the judge to pay attention to it was never the point of the crap

It was satisfying Trump's ego. So having it in the record, even as an attachment, will do tht.

[Ocelot II]

40. No doubt. I just wonder whether Himself will be satisfied

with attachments if the over-the-top ass-kissing is removed from the body of the complaint. When I read that complaint I just cringed; couldn't imagine signing such a ridiculous document. When I was practicing law a few millennia ago I saw pro se complaints filed by truly crazy people that made more sense than that one.

[onenote]

41. Why wouldn't he? He'll just publicly say that all that crap was part of his lawsuit.

And who is going to correct him?

[LetMyPeopleVote]

45. I hope that the next filing at least state a real cause of action

I love the fact that trump did not plead actual malice but this strange concept of "actual malice ... in the colloquial sense"

Link to tweet

[Oeditpus Rex]

20. Already?

Cool.

[LetMyPeopleVote]

24. MaddowBlog-Judge rejects Trump's case against The New York Times, tells lawyers to rewrite it

Last edited Fri Sep 19, 2025, 03:53 PM - Edit history (1)

Like a teacher telling a student to redo his homework, a federal court told the president’s lawyers to file a less ridiculous document.

We’re gonna need a bigger bottle of ketchup. Judge rejects Trump’s case against The New York Times, tells lawyers to rewrite it www.msnbc.com/rachel-maddo...

— (@hairgae.bsky.social) 2025-09-19T16:36:39.308Z

https://www.msnbc.com/rachel-maddow-show/maddowblog/judge-rejects-trump-new-york-times-case-rcna232429

About a week ago, for reasons that were not altogether clear, Donald Trump threatened to sue The New York Times. As it turns out, he wasn’t kidding: Earlier this week, the president and his lawyers filed a $15 billion civil suit (that’s not a typo) against the newspaper, claiming the Times had defamed him and tried to ruin his reputation.

Four days later, a federal judge rejected the case — but not on the merits. Reuters reported:

A federal judge on Friday struck Donald Trump’s $15 billion defamation lawsuit against the New York Times. U.S. District Judge Steven Merryday said Trump violated a federal procedural rule requiring a short and plain statement of why he deserves relief, and that a complaint is not ‘a public forum for vituperation and invective’ or ‘a protected platform to rage against an adversary.’

,,,,,,The judge’s reaction was understandable. Putting aside every other consideration — the White House’s unprecedented offensive against the free press, the absurd dollar amount, the fact that the newspaper doesn’t appear to have done anything wrong, the unsettling frequency with which Trump files civil suits that seem awfully frivolous, et al. — the actual legal document filed with the federal court in Florida was an 85-page joke.

Reading it, I felt a little embarrassed for the lawyers who were responsible for producing it. The complaint (I’m using the word loosely) included random Trump-related images that seemed to have been included for no apparent reason. It described in unnecessary detail assorted television and film appearances the president made before his political career, as well as his role in beauty pageants......

That was true, though Merryday clearly wasn’t amused. Judges tend to prefer serious legal documents to self-indulgent public relations presentations. In fact, Merryday’s smackdown was so brutal that Politico’s Kyle Cheney noted that the judge called Trump’s court filing “essentially garbage.”

In a court order dripping with disdain, Merryday wrote: “As every lawyer knows (or is presumed to know), a complaint is not a public forum for vituperation and invective — not a protected platform to rage against an adversary. A complaint is not a megaphone for public relations or a podium for a passionate oration at a political rally or the functional equivalent of the Hyde Park Speakers’ Corner.

]“A complaint is a mechanism to fairly, precisely, directly, soberly, and economically inform the defendants — in a professionally constrained manner consistent with the dignity of the adversarial process in an Article III court of the United States — of the nature and content of the claims. A complaint is a short, plain, direct statement of allegations of fact sufficient to create a facially plausible claim for relief and sufficient to permit the formulation of an informed response. Although lawyers receive a modicum of expressive latitude in pleading the claim of a client, the complaint in this action extends far beyond the outer bound of that latitude.

Has trump responded to this ruling yet?

[LetMyPeopleVote]

46. Here is trump's reaction to this ruling by the trial court

Denial is not just a river in Africa

Link to tweet

TRUMP: “That’s why I sued The NY Times.”

“A judge just threw that out.” 🎯

TRUMP: “Well, I’m winning… You’re guilty… ABC is terrible, unfair, you should be ashamed.”

(Maybe he means he’s whining?)