E. Jean Carroll Could Receive $100 Million From Trump: Law Professor

Former President Donald Trump could be ordered to pay E. Jean Carroll up to $100 million if a jury rules in her favor in the second defamation lawsuit she filed against him, according to a legal expert.

A jury in Manhattan already ruled in Carroll's favor last month in a civil defamation suit against Trump. Carroll had previously accused the former president of raping her in a department store changing room in the mid-1990s and later sued him for defamation after he accused her of lying about the encounter. The jury found Trump civilly liable on charges related to sexually abusing Carroll but not rape, and Carroll was rewarded $5 million in damages.

Last week, a federal judge allowed Carroll to amend a pending defamation lawsuit against Trump after he made more disparaging comments about her following the previous defamation decision. Though she is seeking an additional $10 million in monetary damages, she could potentially be awarded much more.

According to a Friday story in The New York Times, "Benjamin Zipursky, a Fordham Law School professor, said U.S. Supreme Court precedent has suggested that punitive damages should not exceed 10 times the compensatory damages. Using that as a guide, if Ms. Carroll obtained the $10 million in compensatory damages she seeks, a $100 million punitive damages award might be upheld."

Legal experts have said Trump is at risk of losing the second defamation case—which is scheduled to begin in January 2024—since one jury has already found him liable. But could he really be on the line for $100 million?

Matthew Barhoma, Los Angeles defense lawyer with Barhoma Law, P.C., told Newsweek that "there are different methods to measure damages."

"There are expectation damages, which are intended to make a plaintiff, like E. Jean Carroll, whole. And there are punitive damages, which are intended to punish and deter the defendant, like Donald Trump," Barhoma said. "So if E. Jean Carroll is awarded $10 Million in expectation damages, Trump may be looking at a potential $90 million award for the alleged defamation because of punitive damages."

He continued, "Generally speaking, punitive damages can be a nine-time multiplier of expectation damages. Even more, what 'punishment' looks like in every case is different. And here, the person the system would look to punish is Donald Trump, who may be a lot more wealthy than the average defendant. As such, if the goal is to punish Trump, then a large punitive damages may be in place to deter conduct."

Former federal prosecutor Neama Rahmani said Trump may be hit with a costly punishment by a jury, but their figure may not be the final penalty.

"The Supreme Court has held that a double-digit multiplier for punitive damages is excessive, so any 9-figure punitive damages award would likely be reduced by the court," Rahmani told Newsweek.

Even still, Rahmani said that while "it's impossible to know what a jury will do," he "wouldn't be surprised if Carroll is awarded tens of millions of dollars.

"Trump doubling down on his defamatory statements is a mistake and may subject him to even further liability," he added.

Newsweek reached out to a representative for Trump via email for comment.