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HomeEntertainmentGarth Brooks Seeks Federal Court for His Sexual Assault Case: Potential Advantages...

Garth Brooks Seeks Federal Court for His Sexual Assault Case: Potential Advantages for the Star

 

 

Garth Brooks seeks to transfer his sexual assault lawsuit to federal court, potentially aiding his defense.


Garth Brooks’ legal team is working to combine two lawsuits he faces, both centered around the same disputed claims regarding an alleged sexual assault on his hair and makeup artist in 2019.

 

On November 1, Brooks’ attorneys filed a motion to transfer the sexual assault lawsuit initiated against him in California state court to federal court, which was assigned to a federal judge last Friday.

On the same day, his legal team requested U.S. District Judge Michael W. Fitzgerald to dismiss the allegations and direct the accuser to refile her claims in Mississippi federal court — the venue where Brooks had already filed a lawsuit against her, alleging blackmail — or at least to delay the California case until the Mississippi case is settled.

The former makeup artist, referred to as “Jane Roe,” filed suit in October, claiming that Brooks raped and assaulted her during a trip to Los Angeles for a Grammy tribute performance in 2019.

 

Earlier, on September 13, Brooks sued under the alias John Doe in Mississippi federal court, seeking a ruling to declare that the sexual misconduct accusations against him were unfounded.

His lawyers maintain that having both cases addressed by the same court would streamline the process.

 

“If Brooks wins in the Mississippi case by proving that Roe’s claims of assault are false, she won’t succeed in this case either, as it relies on proving the same claims are true,” his attorneys argued. “Both parties should not have to go through overlapping discovery in both courts. This Court shouldn’t have to compete with the Southern District of Mississippi to resolve key factual questions pertinent to both cases.”

 

The Tennessean, part of the YSL News Network, reached out for comments from Brooks’ attorneys but has not yet received a response.

 

Jane Roe’s attorneys have labeled Brooks’ attempt to move the case as a method of intimidation.

“This aligns with the ongoing bullying and intimidation tactics that Garth Brooks has employed since learning that our client would hold him accountable,” said Jeanne M. Christensen, representing Roe. “We are eager to present this case to a jury and discuss its merits.”

Brooks vehemently denies the allegations and asserts that Roe is attempting to extort him. He has also claimed damages for defamation and emotional distress.

Brooks recently announced that his final performances for the sold-out Garth Brooks/Plus One residency at The Colosseum at Caesars Palace in Las Vegas will take place in March, with a show scheduled for December.

 

Why is Garth Brooks transferring his case to federal court?

On Friday, Brooks’ attorneys expressed their intention to litigate both his case and Roe’s case in the same court. Moving her lawsuit from California state court to federal court is one step towards that goal.

There are various strategic reasons behind Brooks’ decision to take the dispute to federal court, according to Kate Mangels, a partner at Kinsella Holley Iser Kump Steinap.

Even if the California and Mississippi cases are not handled together, they will both adhere to federal rules, which provides some consistency in their handling.

 

Mangels pointed out that federal court is often perceived as quicker in processing cases, with judges potentially being more receptive to dismissals, and the jury pool being more diverse. “A wider jury pool might lead to a more favorable outcome for Garth Brooks,” she noted.

In civil cases, a unanimous jury is required in California state courts, whereas in federal court, only three-fourths of jurors need to agree for a verdict.

There is a possibility that Roe may seek to move the case back to state court, but her team would need to provide a compelling argument for why state court would be a more suitable venue.

Updates on the Garth Brooks and Jane Roe cases since the initial lawsuits

After Jane Roe publicly made her allegations and initiated the lawsuit, Brooks’ legal team identified her in a document later that October. YSL News typically refrains from identifying alleged sexual assault victims.

 

Brooks’ attorneys claimed that Roe’s lawyers disclosed his name to CNN before the Mississippi court could decide if Brooks could continue under the John Doe alias, suggesting that she “disrupted the judicial process.”

Because Roe filed her case in California and publicly identified Brooks, he amended his complaint to include her real name.

Roe’s legal team responded by filing for sanctions against Brooks for revealing her identity and submitted an emergency motion to keep her name sealed.

 

“By disclosing our client’s name, Brooks demonstrates the kind of retaliatory and abusive actions that discourage sexual assault victims from coming forward,” an attorney from Roe’s team stated in an email to The Tennessean, part of the YSL News network, on October 9.

 

On October 18, attorneys for both Brooks and his accuser convened at the Thad Cochran United States Courthouse in Mississippi. They discussed two motions that each side considered as somewhat of an attack against their respective clients, as reported by the Clarion Ledger. The judge did not reach a decision that day.