A federal judge has dismissed a lawsuit accusing the Madison Square Garden executive James Dolan pressured a masseuse into unwanted sex while his band toured with the Eagles, though elements of the case will likely continue in state court.
Kelly Croft sued Dolan earlier this year, alleging he repeatedly forced her into “illegal and unwanted sexual acts” during the 2013 tour. The suit also included allegations of assault against the disgraced film producer Harvey Weinsteinclaiming that Dolan facilitated the incident with the convicted rapist.
But in a ruling Tuesday, Judge Percy Anderson outright dismissed Croft's only federal claim – an allegation that Dolan had violated federal sex-trafficking laws. The judge said Croft failed to meet the basic requirements to bring an action under the statute.
The case also includes separate charges under state law, including sexual assault and aiding and abetting sexual assault claims against Dolan and a sexual assault claim against Weinstein. But with no federal claims remaining, Anderson ruled Tuesday that he no longer had jurisdiction to hear the case.
The decision means the current case in federal court is over, but that Croft can refile her other claims in New York state court. In a statement on Wednesday, her lawyers promised to do so, saying their “fight for Ms Croft is just beginning”.
“We respectfully disagree with the district court's decision, which we believe misinterprets the federal sex trafficking statute and undermines critically important protections for sex trafficking survivors,” he said. Kevin Mintzer and Meredith Firetog of the Wigdor law firm, adding that they will appeal the decision. “We will also continue to pursue Ms. Croft's sexual claims against James Dolan and Harvey Weinstein, who remain unaffected by the ruling.”
In a statement, a spokesman for Dolan said: “We are very pleased with the dismissal of the lawsuit, which was a malicious attempt to make horrendous allegations by a lawyer subverting the legal system for personal gain.”
Croft sued in January, claiming she was hired to serve as a massage therapist Glen Frey during the 2013 tour, in which Dolan's band (JD & The Straight Shot) opened for the Eagles. She says she thought the job was the “opportunity of a lifetime” but quickly realized the real reason she was there: “Dolan was extremely demanding and was pressuring Ms. Croft into unwanted sex.”
Dolan, whose company also owns Manhattan's Radio City Music Hall, the Las Vegas Sphere and other prominent music venues, has vehemently denied the allegations, calling Croft an “opportunist” who is “looking for a quick payday.”
A key legal allegation in the lawsuit was that Dolan and others violated a federal sex-trafficking law — specifically, by fraudulently transporting her across state lines for the purpose of providing forced sexual favors to Dolan. That claim was dismissed by Anderson earlier this year, but he then gave Croft one last chance to update her case with a viable argument.
In his ruling Tuesday, he said he did not. Federal sex-trafficking law requires a “commercial sexual act,” and the judge said Croft failed to allege that her sexual relationship with Dolan was the direct result of his promises of career advancement.
“Plaintiff [claims she] received promises from Dolan that he would be invited to the Eagles' European tour and that he could potentially work as a tour massage therapist at Madison Square Garden,” the judge wrote. “While the [lawsuit] alleges that plaintiff may have hoped to receive a future career benefit from her relationship, she does not directly allege that she went to Dolan's room and continued to have sex with him in order to receive the alleged promised benefits.”
from our partners at https://www.billboard.com/pro/james-dolan-sex-abuse-lawsuit-dismissed-case-might-go-on/
