N.J. judge dismisses Trump lawsuit

A New Jersey Superior Court judge yesterday dismissed a lawsuit filed by Donald Trump alleging he was financially damaged by an author whose book suggested Trump was simply a multimillionaire, not a billionaire.

Trump's lawyer, Marc E. Kasowitz, said he would appeal the ruling, hoping for a jury trial in which he will seek more than $2.5 billion.

Judge Michele M. Fox, in Camden, did not rule on the accuracy of Timothy O'Brien's TrumpNation: The Art of Being the Donald but dismissed the lawsuit because she found no "actual malice."

"It's deeply gratifying that the court's ruling vindicated the reporting in TrumpNation," O'Brien said yesterday from his desk at the New York Times, where he is a business editor. He referred all other questions to his attorneys.

Marvin Smilon, a spokesman for the law firm defending O'Brien and publisher Hachette Book Group Inc., called the lawsuit "meritless."

"Hachette has always been fully supportive of Mr. O'Brien and his reporting in TrumpNation, and we are very pleased by the court's ruling," Smilon said.

Kasowitz said the fight was far from over.

"We think that the decision was clearly wrong," he said. "We're confident that this will be overturned on appeal."

Kasowitz said the ruling conflicted with previous rulings by another judge.

Trump's lawsuit describes him as a world-famous businessman, real estate developer, and public personality. He alleges O'Brien "grossly" misrepresented his net worth, business acumen, and success and derided him as "the walking embodiment of financial pornography" in the book, newspaper articles, and interviews.

"The obvious purpose of that malicious scheme and those vile statements is to embarrass Trump, to damage him in his business and professional dealings and to create publicity in order to increase sales of O'Brien's newly released book," said the lawsuit, filed in January 2006.

In the book, O'Brien cited three anonymous sources who estimated Trump's net worth to be $150 million to $250 million. Trump alleges his public image has been harmed because he is actually a billionaire. He has said he lost huge business deals that were under negotiation when the book was published.

O'Brien maintained his sources had given him reliable information.