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TRUMP v. CARROLL

No. 22-SP-745.

292 A.3d 220 (2023)

Donald J. TRUMP, et al., Appellants, v. E. Jean CARROLL, Appellee.

District of Columbia Court of Appeals.

Decided April 13, 2023.

Attorney(s) appearing for the Case

Alina Habba and Michael T. Madaio , with whom Jason C. Greaves , Fairfax, VA, was on the brief, for appellant Donald J. Trump .

Mark R. Freeman , Attorney, United States Department of Justice, Civil Division, Appellate Staff, with whom Brian M. Boynton , Principal Deputy Assistant Attorney General, and Mark B. Stern , Joshua M. Salzman , and Sean R. Janda , Attorneys, United States Department of Justice, Civil Division, Appellate Staff, were on the brief, for appellant United States of America.

Joshua Matz , with whom Roberta A. Kaplan , New York, NY, Matthew J. Craig , and Rachel L. Tuchman were on the brief, for appellee E. Jean Carroll .

Caroline S. Van Zile , Solicitor General, with whom Karl A. Racine , Attorney General for the District of Columbia at the time the brief was filed, Ashwin P. Phatak , Principal Deputy Solicitor General, Marcella Coburn , Assistant Attorney General, and Nitisha Baronia , Assistant Attorney General, were on the brief for amicus curiae District of Columbia.

Opinion by Associate Judge McLeese, concurring in part and dissenting in part, at page 240.

This case is before the court on a certified question from the United States Court of Appeals for the Second Circuit ("Second Circuit"). The certified question requests clarification of the District of Columbia's respondeat superior case law, which involves determining when an employer should be liable for...

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