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A New York appellate court ruled Thursday that a defamation lawsuit brought against President Donald Trump by a former "Apprentice" contestant can move forward.A lawyer for Trump said he plans to appeal the decision.Trump had appealed a lower court's ruling last year that allowed the case to proceed, arguing that the Constitution's Supremacy Clause bars a lawsuit against a sitting president in state court because it would interfere with his duties.Mariann Wang, the lawyer for the plaintiff, Summer Zervos, argued that a president is not above the law and said the US Supreme Court's ruling in Clinton v. Jones backs up her argument that Trump can be sued in state court.Judges in the appellate division of the first judicial department agreed with Zervos, saying the Supreme Court's decision "did not encroach upon the exercise of the executive powers of the President" and that the Supremacy Clause was "never intended to deprive a state court of its authority to decide cases and controversies under the state's constitution."Zervos is suing Trump for defamation after he publicly called her a liar following her claims in October 2016 that Trump sexually assaulted her a decade earlier."We are very pleased that the First Department has affirmed once again that (Trump) 'is not above the law,'" Wang said in a statement Thursday. "The case has proceeded in the trial court and discovery continues. We look forward to proving to a jury that Ms. Zervos told the truth about Defendant's unwanted sexual groping and holding him accountable for his malicious lies."Two of the five judges dissented to part of the ruling, and cited the majority's interpretation of the constitutional issues at hand as a reason.In a statement, Trump's attorney Marc Kasowitz laid out his plan to appeal the latest decision."We believe that the well-reasoned dissenting opinion by two of the five justices, citing the US Supreme Court decision in the Clinton v. Jones case, is correct in concluding that the Supremacy Clause of the US Constitution bars state courts from hearing cases against the President while he or she is in office," Kasowitz said. "We will seek to appeal the majority decision to New York's highest court, the Court of Appeals, which we expect will agree with the dissent." 2291

Actor Kevin Spacey appeared at a Nantucket courthouse and a plea of not guilty was entered on his behalf, in connection with accusations that he allegedly groped an 18-year-old busboy at a bar on the island.Spacey, the 59-year-old Hollywood actor, was arraigned on a charge of indecent assault and battery, a felony charge that comes with up to five years in prison.Prosecutors asked that he stay away from the alleged victim and his family, and the court agreed. Defense attorneys asked the court to preserve cell phone data and other text messages from the victim from the date of the incident until six months afterward, which defense attorneys said would be "likely exculpatory" for Spacey.The next court appearance is scheduled for March 4. The judge agreed to waive Spacey's right to appear at that hearing at the downtown Nantucket courthouse, but he must be reachable by phone.The charge stems from an incident in July 2016 at the Club Car, a restaurant and bar on Nantucket. According to the 1013

A New Jersey town's police department is under fire after video was released that appears to show officers choking a 19-year-old and punching him the face multiple times during a violent arrest.The officers involved have been placed on paid administrative leave while the incident is under investigation, Dover Mayor James P. Dodd told reporters Monday.The incident took place around 2 a.m. Sunday morning in Dover, about 30 miles northwest of Newark, when Cyprian Luke and his friends were on their way to get a tattoo, according to 546

Alan Naiman was known for his frugality -- he wore Costco jeans, bought his favorite pocket T-shirts at a grocery store and squirreled away every penny he could. So when he died, friends were surprised to learn that he was leaving more than million to charities in the Seattle area.The 63-year-old never married and never had children, but kids were very important to him. He fostered a few children and cared for his brother, Daniel, who had developmental disabilities.Naiman became a social worker after leaving a career in banking."He was a highly valued employee who was dependable and dedicated to his work," Washington State Department of Children, Youth and Families spokeswoman Debra Johnson told CNN.He worked three jobs to get established in the new field, his friend Shashi Karan told CNN.Karan and Naiman worked together at the bank in the '80s and kept in touch over the decades until his death on Jan. 8, 2018."He was just that kind of guy that he couldn't just spend the money. It was just in his nature to save the money and put it aside," Karan said.Karan said he was one of the few people who knew just how much money Naiman had."I think he always knew that he was going to leave his money to charity," Karan said.The friends had talked about investments and savings over the years, and when the time came for Naiman to make a will he asked Karan to be his executor.He said Naiman received a sizable inheritance when his father died, which added to his fortune.The scrimping, saving and deal hunting was more like a hobby to Naiman than a sacrifice."Saving money was sort of a game to him," Karan said. "He would brag about how he had a whole day out and didn't have to spend a single cent."Naiman loved cars, and when his brother died in 2013 he made a rare splurge on himself and bought a Scion FR-S sports car."It's a nice little sports car, but it's not a Mustang or a Corvette or a Porsche that he easily could have afforded," Karan said.Naiman considered doing more traveling or buying a house with a nice view, but his cancer interrupted those plans.Karan said that after his diagnosis, Naiman spent a lot of time researching charities.One group that's benefited from his kindness is the Pediatric Interim Care Center, which cares for medically fragile babies suffering from prenatal drug exposure.The group 2349

A new shareholder complaint against AT&T claims the company encouraged employees to create fake accounts for its DirecTV Now streaming service to juice its subscriber numbers and mislead investors ahead of its acquisition of Time Warner, shareholders allege in an amended complaint filed last week as part of a lawsuit against the company.According to the lawsuit, employees — who faced aggressive sales quotas — were "taught and actively encouraged" to convert activation fees that customers paid to upgrade their phones into the price for multiple DirecTV Now subscriptions. This was allegedly executed by "waiving the fee, but charging the customer anyway, and applying the payment to up to three DirecTV Now accounts using fake email addresses."The complaint claims customers were not told they had been signed up for a subscription, and that the company is said to have fielded regular complaints from customers who said that they were billed for accounts they did not sign up for. The complaint also details other alleged methods for increasing subscriptions without clients' consent.The purpose of these efforts, the lawsuit alleges, was to create the false impression that the service was compensating for declines in the legacy DirecTV satellite business, and to help justify the company's acquisition of Time Warner, now called WarnerMedia. WarnerMedia is CNN's parent company.CNN Business asked AT&T to respond to the merits of the lawsuit as well as for comment on specific allegations within it, such as claims the company pressured employees by setting aggressive sales targets and that employees were encouraged to use unrelated fees to create DirecTV Now accounts."We plan to fight these baseless claims in court," AT&T said in a statement in response.Plaintiffs include Local 449, a union pension fund based in Pittsburgh, and Melvin Gross, an investor who exchanged Time Warner stock for AT&T stock as part of the acquisition.DirecTV Now, which AT&T launched in late 2016, was billed as a key part of the company's pivot to entertainment. The lawsuit alleges that executives, including CEO Randall Stephenson, were deceitful in claiming that DirecTV Now's growth was stable, and that it was driven by "organic" demand and only limited promotions.But beyond the alleged inflation of subscriber numbers at unwitting consumers' expense, the service also suffered from significant turnover as customers jumped from one discounted streaming service to another, according to the complaint.The complaint says the plaintiffs and their attorneys spoke with a number of current or former AT&T employees who gave information about the alleged scheme. It refers to one former employee in Michigan who allegedly estimated that around 40% to 50% of the customers he dealt with starting in early 2017 complained of being billed for DirecTV Now subscriptions that they said they had not signed up for.The allegations come at what is for several reasons a delicate time for the company.Stephenson just 3043