Wolff Asks Appeals Court to Revive Suit Against Melania
Michael Wolff is seeking reversal of a federal dismissal of his lawsuit against Melania Trump, which had been moved from New York State court.
Updated on Nov. 5, 2026 in Sex Crimes
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Michael Wolff asked the U.S. Court of Appeals for the Second Circuit to reverse a federal court's dismissal of his lawsuit against Melania Trump and return the case to New York. The federal court dismissed the case in May, and Wolff filed a notice of appeal in June.
Why it matters
The appeal turns on where Melania Trump legally resides, a question that determines whether the case stays in federal court or returns to New York State Supreme Court. The federal court reasoned Wolff should wait to see whether Trump sues him for defamation before pursuing his claims.
The case is pending before the Second Circuit after Wolff's lawyers asked for reversal and return to New York State Supreme Court. Wolff seeks costs, attorney's fees, and damages under New York Civil Rights Law, and no appellate ruling has been issued.
The players
Michael Wolff
Michael Wolff is a journalist and author known for his books on the Trump administration and Jeffrey Epstein-related reporting.
Melania Trump
Melania Trump is the former First Lady of the United States and wife of President Donald Trump.
U.S. Court of Appeals for the Second Circuit
The Second Circuit is a federal appellate court covering New York, Connecticut, and Vermont that reviews decisions of federal district courts.
The details
Wolff sued Melania Trump in New York State Supreme Court under the state's anti-SLAPP law after she threatened a $1 billion lawsuit over statements linking her to Jeffrey Epstein. Trump moved the case to federal court, asserting diversity jurisdiction, and Wolff argued she is a New York resident citing her Trump Tower residence and time spent in the state.
Timeline
One year ago: Melania Trump threatened to sue Wolff for $1 billion.
May: The federal district court dismissed the case.
June: Wolff filed a notice of appeal.
Friday: Wolff's lawyers asked the Second Circuit to reverse the dismissal.
Legal Context
New York's anti-SLAPP law, which allows defendants in suits targeting public speech to seek fees and damages, is central to Wolff's claims against Melania Trump. The appeal raises how such state protections fare when a case is removed to federal court on diversity grounds.
The outcome of the appeal determines whether Wolff's claims proceed in New York State court or remain dismissed in federal court. Readers following media law should note the case's bearing on how anti-SLAPP protections apply when cases are moved to federal court.
The takeaway
Jurisdiction can determine whether a speech-related lawsuit proceeds in state or federal court, and that choice can shape its outcome. The Second Circuit's ruling will clarify how residence is weighed in such disputes.
Further reading
For related coverage of legal disputes tied to Jeffrey Epstein, see Sex Crimes reporting.
Source note: This article includes information reported by East Hampton Star.
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