Cliff.Booth said:
'Cept you don't know that. That's why this back and forth is pointless. You don't know. It feels nice for the anti-trump crowd to claim, and it feels especially nice for a failed comedian who ran a show into the ground, but the settlement was reached for reasons none of us are privy to.
Yeah, I know the settlement was absolutely not driven by merits of the lawsuit . . . at all. I practice in this area and can't tell you how many DTPA/Lanham Act cases I've handled. I also know the lawyers who represented CBS and there is no possibility that they recommended any form of settlement, let alone a significant pay off.
Trump's claims are laughable and I'm not exaggerating. I'm not talking about the substance of what he complains about regarding alleged editing - the
legal claims have no merit. Binding case law is clear that the acts the claims were brought under relate to commercial speech and not editorial comment. Trump did not even allege an actual transaction or purchase that relied upon the allegedly false editing done by CBS. His summary argument that he gets to step into the shoes of voters to assert claims on their behalf is, just, not a thing. And there was no cognizable injury to Trump
personally. And that's not even getting into the ridiculous forum shopping to bring the case in an improper venue (remember, Trump had to add Ronny Jackson as a plaintiff for . . . reasons?).
So, yes, I can say with absolute certainty that the settlement was not driven by any concerns regarding the lawsuit. Now how far the capitulation went and whether the late show cancellation was part of it may be up for some debate. But not the handling of the lawsuit itself.