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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 Cuba Gooding Jr.'s sex abuse trial is set to begin Tuesday with jury selection in New York City.Gooding is charged with forcible touching, a misdemeanor, and sex abuse in the third degree related to an alleged groping incident in June.A 29-year-old woman filed a police report claiming Gooding grabbed her breast at Magic Hour Rooftop Bar & Lounge in Manhattan.Gooding has denied the claim.The actor voluntarily surrendered to New York police for questioning in June and was released on his own recognizance.The woman in the alleged incident told police she was with friends when she was confronted by a male patron whom she described as Gooding, a law enforcement source told CNN."The male allegedly groped her breasts," the source said. "The victim later told cops she protested at the unwanted touching and they argued about the encounter."The woman left the bar and called 911 to report the alleged incident, the law enforcement source said, and NYPD Manhattan Special Victims Squad investigated.Gooding's attorney has said video footage taken at the bar that night will clear his client."There is not a scintilla of criminal culpability that can be attributed to Mr. Cuba Gooding Jr. after I have extensively, with my staff, reviewed the video of almost two hours which reflects the entire event," Mark Heller told reporters in June."I am totally confident that when a jury of Cuba Gooding Jr.'s peers assess all of the exculpatory evidence in this case, that he will be totally exonerated," Heller added last month. 1543

After the first all-female spacewalk was scrapped in March, NASA has now scheduled another attempt with astronauts Christina Koch and Jessica Meir for October 21.The announcement was made Friday during a briefing by the agency previewing 10 upcoming spacewalks by astronauts on the International Space Station.For the intended spacewalk in March, Koch was going to be paired with astronaut Anne McClain, who has since returned to Earth. In March, NASA cited 470

A shooting at a Mississippi Walmart left two people dead, a police officer wounded and a community in shock.But if not for recent active shooter training, the outcome could have been far worse, police said.The gunfire broke out Tuesday morning at a store in Southaven, the 285

A study from the National Institutes of Health claimed that permanent hair dye and chemical hair straighteners could increase the risk of breast cancer among women. The study published online on Dec. 4 in the International Journal of Cancer found that women who used permanent hair dye and chemical hair straighteners were 9% more likely to develop breast cancer than those who did not. The NIH used a sample size of 46,709 women. Researchers stressed that there was little to no increase in breast cancer risk for semi-permanent or temporary dye use."Researchers have been studying the possible link between hair dye and cancer for a long time, but results have been inconsistent," said corresponding author Alexandra White, Ph.D., head of the NIEHS Environment and Cancer Epidemiology Group. "In our study, we see a higher breast cancer risk associated with hair dye use, and the effect is stronger in African American women, particularly those who are frequent users. "While the study suggests an increased risk for women, these results need to be replicated in other studies to make a conclusion, the NIH said. When asked if women should stop dyeing or straightening their hair, co-author Dale Sandler, Ph.D., chief of the NIEHS Epidemiology Branch, said, "We are exposed to many things that could potentially contribute to breast cancer, and it is unlikely that any single factor explains a woman’s risk. While it is too early to make a firm recommendation, avoiding these chemicals might be one more thing women can do to reduce their risk of breast cancer." 1576

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