A federal judge has dismissed a lawsuit against entertainment mogul James Dolan and disgraced producer Harvey Weinstein that accused the pair of sex trafficking and sexual assault.
In January, plaintiff Kellye Croft sued Dolan and Weinstein, alleging “unwanted sexual intercourse” and sexual assault during her time as a massage therapist on an Eagles tour in 2013; Dolan’s band JD and the Straight Shot served as opening act on that trek.
The lawsuit was filed in federal court because the incidents occurred in multiple states, which an amended lawsuit claimed fell under the jurisdiction of the Trafficking Victims Protection Reauthorization Act (TVPRA).
A federal judge initially sided with lawyers for Weinstein and Dolan, who argued that Croft’s accusations didn’t meet necessary threshold allegations. In June, the judge gave Croft’s lawyers more time to meet the criteria or face the lawsuit’s dismissal.
However, on Tuesday, the federal judge dismissed the lawsuit, particularly the sex trafficking claim, which was dismissed with prejudice — meaning that the claim cannot be refiled, ESPN reports. However, the lawsuit’s other claims — sexual battery and aiding and abetting of sexual assault against Dolan, as well as sexual assault by Weinstein — can be filed again in federal court, which Croft’s lawyers told Rolling Stone in a statement they plan to do.
“We respectfully disagree with the District Court’s decision, which we believe incorrectly interprets the federal sex trafficking law and undermines critically important protections for sex trafficking survivors,” Croft’s lawyers Kevin Mintzer and Meredith Firetog said in the statement.
“We will be appealing this decision and are confident that the Court of Appeals will correct this injustice. We will also continue to pursue Ms. Croft’s sexual battery claims against James Dolan and Harvey Weinstein, which remain unaffected by the decision. Our fight for Ms. Croft is just beginning.”
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A spokesperson for Dolan said in a statement to Rolling Stone, “We are very pleased with the dismissal of the lawsuit, which was a malicious attempt to assert horrific allegations by an attorney who subverts the legal system for personal gain.”
In her lawsuit first filed in January, Croft alleged she was a 27-year-old massage therapist working for Glenn Frey of the Eagles when she first met a 58-year-old Dolan in 2013.
According to Croft’s complaint, Dolan booked a massage with her, became “extremely assertive,” and “pressured (her) into unwanted sexual intercourse with him.” She alleged Dolan “summoned” her to his room multiple times during the tour and made “unwelcome advances.” She said that because of Dolan’s “immense power over everyone’s position on the tour,” she felt “obligated to submit to sex with him.”
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Dolan was also accused of facilitating a 2014 meeting in Los Angeles between Croft and Weinstein, who Dolan said was one of his “best friends.” Croft’s lawsuit claimed that soon after, Weinstein forced his way into her hotel room and assaulted her.
“Weinstein then backed Ms. Croft onto the bed, forced her down, and forced her legs open,” her lawsuit claimed. “Standing between her legs, he undid his robe, and shoved his fingers inside of her, using his other hand to hold her down. He tried to force his penis inside of her, although he struggled to do so.”
