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CARROLL v. TRUMP

Nos. 23-1045-cv (L) & 23-1146-cv (Con) August Term 2023.

88 F.4th 418 (2023)

E. Jean CARROLL, Plaintiff-Counter-Defendant-Appellee, v. Donald J. TRUMP, in his personal capacity, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 13, 2023.

Attorney(s) appearing for the Case

Joshua Matz ( Kate Harris , Roberta A. Kaplan , Trevor W. Morrison , on the brief), Kaplan Hecker & Fink LLP, New York, NY, for Plaintiff-Counter-Defendant-Appellee E. Jean Carroll.

Michael T. Madaio ( Alina Habba , on the brief), Habba Madaio & Associates LLP, Bedminster, NJ, for Defendant-Counter-Claimant-Appellant Donald J. Trump.

Before: Cabranes, Chin, and Kahn, Circuit Judges.

Ordinarily, defendants are deemed to have waived or fórfeited defenses that they did not raise at the outset of the litigation.1 But defenses based on subject-matter jurisdiction—"the courts' statutory or constitutional power...

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