A United States judge has dismissed adult film actress Stormy Daniels' defamation lawsuit against Donald Trump and ordered her to pay his lawyer's fees, saying a tweet the President had written referring to her was protected by free speech laws.
Daniels, whose real name is Stephanie Clifford, says she had a sexual encounter with Trump in 2006.
In the lawsuit, Clifford alleged that a Trump tweet, which said she had fabricated the encounter, had defamed her, saying it made her out to be a liar.
In Monday's decision from S James Otero, a federal judge in the central district of California, it was found that "Mr Trump's statement constituted "rhetorical hyperbole" that is protected by the first amendment".
In a tweet, which was later deleted, Avenatti suggested that he and his client would appeal "the dismissal of the defamation cause of action and are confident in a reversal".
Daniels originally sued Trump and Cohen, who negotiated the deal, so she could speak publicly about the reported tryst without fear of reprisal.
A federal judge has dismissed porn actress Stormy Daniels' defamation lawsuit against President Donald Trump.
"The First Amendment (of the US Constitution) protects this type of rhetorical statement".
"A sketch years later about a nonexistent man".
Ms Daniels lawyer, Mr Avenatti said: "Daniels' other claims against Trump and Cohen proceed unaffected".
"Trump's contrary claims are as deceptive as his claims about the inauguration attendance", Avenatti tweeted Monday night.
Otero had signaled last month that he might toss the suit, saying that much of the president's rhetoric amounted to "free speech by a public official on a matter of public concern".
She filed the case after the president tweeted that she had invented a story about being threatened for speaking out about the alleged affair.
The amount Ms Daniels will have to pay Mr Trump has not yet been decided, Charles Harder, the president's lawyer, said.
Fox, who has written a book on the Trump family, pointed out that the president's involvement of Eric in the Daniels affair was a stunning move - one that shows a callousness and a disregard for his son's wellbeing.
In September, Cohen's lawyer said that, following the August guilty plea, Cohen provided "critical information" to Special Counsel Robert Mueller, who is investigating Russian efforts to interfere in the 2016 election and whether Trump's campaign colluded.