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Giuliani's lawyers seek to exit defamation case citing disagreement

By FOX 5 Atlanta Digital Team
Updated  November 13, 2024 8:02pm EST
2020 Election
FOX 5 Atlanta
article

Former New York mayor Rudy Giuliani leaves the New York Federal Courthouse on November 7, 2024 in New York City. Giuliani appeared in a New York City courtroom after missing the deadline to turn over assets as part of $148m defamation judgement. (Pho

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The Brief

    • Rudy Giuliani's attorneys filed a motion to withdraw from his $148-million defamation case due to a fundamental disagreement on litigation strategy and his lack of cooperation.
    • Giuliani is ordered by a judge to surrender assets, including a valuable apartment and a classic car, for his liability in defaming election workers Freeman and Moss.
    • Giuliani's alleged failure to transfer assets by the court-ordered deadline led to an extension, as Georgia election workers' lawyers claim his apartment was emptied prior to their visit.
    • Giuliani was found liable for defamation against election workers and is accused of causing them to receive death threats by making false allegations of ballot fraud.
    • The case is set for a forfeiture trial on Jan. 16, 2025, while Giuliani's lawyers seek exemption from serving a copy of their withdrawal motion to the plaintiffs.

NEW YORK - Attorneys representing Rudy Giuliani, former New York City mayor and ally of former President Donald Trump, filed a motion Wednesday to withdraw from his defense in a high-profile $148-million defamation case in federal court. Giuliani faces a civil lawsuit from Georgia election workers Ruby Freeman and Wandrea' Moss, who allege Giuliani defamed them with false claims about the 2020 presidential election.

Kenneth Caruso, the lead counsel for Giuliani from Kenneth Caruso Law LLC, had filed the motion in the U.S. District Court for the Southern District of New York on Wednesday, citing several reasons for seeking withdrawal. The motion, filed also on behalf of co-counsel David Labkowski of Labkowski Law P.A., states that the attorneys can no longer continue the representation due to "a fundamental disagreement" with Giuliani on litigation strategy, as well as his failure to cooperate, which they say has made representation "unreasonably difficult."

The filing specifically references a New York Professional Rule which permits attorneys to withdraw when there is a fundamental disagreement with the client, an unwillingness by the client to present legally warranted arguments, or a lack of cooperation.

Judge Lewis J. Liman ordered Giuliani to hand over the assets last week, which include his $5 million Upper East Side apartment, a 1980 Mercedes once owned by movie star Lauren Bacall, a shirt signed by New York Yankees legend Joe DiMaggio, dozens of luxury watches, and other valuables.

Lawyers for Ruby Freeman and her daughter, Wandrea "Shaye" Moss, say Giuliani has mostly dodged turning over assets by an Oct. 29 deadline, alleging that they visited his Manhattan apartment and found it had been cleared out weeks earlier. The court subsequently extended the deadline to Nov. 15.

Giuliani was found liable for defamation for falsely accusing Freeman and Moss of ballot fraud as he pushed Trump’s unsubstantiated election fraud allegations during the 2020 campaign.

The women said they faced death threats after Giuliani accused the two of sneaking in ballots in suitcases, counting ballots multiple times, and tampering with voting machines.

A forfeiture trial was scheduled for Jan. 16, 2025, in the case.

Caruso and Labkowski's motion does not assert any claim for fees but requests an exemption from the requirement to serve the plaintiffs with a copy of the motion, given the sensitivity of the matter.

The court has yet to rule on the motion.

The Source: FOX 5 Atlanta is basing this story on documents filed by the attorneys for Rudy Giulianni filed in federal court on Wednesday. Previous FOX 5 Atlanta reporting was also used and links can be found in the article to access those stories to provide better background of the case. This story is being reported out of Atlanta.