According to documents obtained by The Blast, Brent Blakely hints Stormy will lose her defamation claim against Trump because the statements made by Michael Cohen are protected by free speech and made in “connection with a public issue,” and must be “subject to a special motion to strike” unless Stormy can establish to the court that there is a probability she can win her case.
The case law Blakely cites is Paris Hilton V. Hallmark Cards et al, which he successfully litigated while representing Paris at the time. The argument in that case was over Hallmark jacking Paris’ catch phrase, “That’s Hot,” and plastering it on greeting cards. She was able to establish they had misappropriated her likeness, and the case quickly settled.
Blakely is possibly using Paris’ name like a legal hammer against Stormy and her attorney by showing that he already has the legal precedent in his favor, and also to make it clear that he’s got practice navigating the legal arena with a powerful, very public client.
As we reported, Trump’s attorneys are also claiming Stormy’s attorney has been dragging his feet on communication while conducting a media tour.
The move by Blakely is about as tough as a lawyer can get while filing a declaration in support of an ex parte application, and he’s pulling out the big guns to drive his point home.