University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name The People of the State of New York v. Trump PR-NY-0006
Docket / Court 451130/2018 ( State Court )
State/Territory New York
Case Type(s) Presidential Authority
Special Collection Take Care
Case Summary
On June 14, 2018, the State of New York brought this lawsuit against the Donald Trump Foundation (“the Foundation”) and its officers, including the founder and president of the Foundation, Donald Trump in the Supreme Court of the State of New York. The Foundation is a private not-for-profit ... read more >
On June 14, 2018, the State of New York brought this lawsuit against the Donald Trump Foundation (“the Foundation”) and its officers, including the founder and president of the Foundation, Donald Trump in the Supreme Court of the State of New York. The Foundation is a private not-for-profit corporation incorporated in New York in 1987. The plaintiff alleged that the defendants breached their fiduciary duties by misusing charitable assets of the Foundation to engage in political activities and by failing to manage the Foundation in accordance governance rules required by New York law. The plaintiff sought dissolution of the foundation as well as injunctive and declaratory relief against the defendants. It also sought monetary damage of up to double the amount of benefits improperly obtained by the defendants.

On August 30, 2018, the defendants moved to dismiss the case by arguing that the court lacked jurisdiction over Mr. Trump and most of the transactions supporting the claims were barred by the statute of limitation, among others. On November 23, 2018, Judge Saliann Scarpulla denied the defendants’ motion to dismiss. The court held that Mr. Trump was not immune, under Supremacy Clause and doctrine of separation of powers, from this lawsuit based on the fact that he was the sitting President of the United States. The court also decided that the defendants’ motion to dismiss on the basis of statute of limitation was moot. In addition, the court held that the plaintiff adequately stated that the defendants breached fiduciary duties, failed to properly administer foundation assets, and engaged in wrongful related party transactions under the relevant New York law. 88 N.Y.S.3d 830.

On December 26, 2018 the defendants appealed the decision to the Appellate Division. The case is ongoing.

Sichun Liu - 03/09/2019


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Plaintiff Type
State Plaintiff
Causes of Action State law
Defendant(s) The Donald Trump Foundation
Plaintiff Description The State of New York
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filing Year 2018
Case Ongoing Yes
Docket(s)
No docket sheet currently in the collection
General Documents
Verified Petition [ECF# 1]
PR-NY-0006-0001.pdf | Detail
Date: 06/14/2018
Source: State Court Website
show all people docs
Plaintiff's Lawyers Shiffman, Steven (New York) show/hide docs
PR-NY-0006-0001

- click to show/hide ALL -

new search
page permalink

- top of page -