Federal Judge A US court has dismissed a lawsuit against entertainment mogul James Dolan and disgraced producer Harvey Weinstein that accused the duo of sex trafficking and sexual assault.
In January, plaintiff Kelly Croft filed a lawsuit against Dolan and Weinstein, alleging that she was subjected to “unwanted intercourse” and sexual assault while working as a massage therapist on an Eagles tour in 2013; Dolan's band JD & the Straight Shot was the opening band on that tour.
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 Weinstein and Dolan’s lawyers, who argued that Croft’s accusations did not meet the minimum threshold of allegations. In June, the judge gave Croft’s lawyers more time to meet the criteria or face dismissal.
However, a federal judge on Tuesday dismissed the lawsuit, specifically the sex trafficking claim, which was dismissed with prejudice — meaning the case cannot be refiled, ESPN reports. However, the other claims in the lawsuit — sexual assault and aiding and abetting sexual assault against Dolan, as well as sexual assault by Weinstein — can be brought again in federal court, Croft’s attorneys said. Rolling Stone In a statement they plan to do.
“We respectfully disagree with the district court’s decision, which we believe incorrectly interprets federal sex trafficking law and undermines critical protections for victims of sex trafficking,” Croft’s attorneys, Kevin Mentzer and Meredith Fairtog, said in the statement.
“We will appeal this decision and are confident that the Court of Appeal will correct this injustice. We will also continue to pursue Ms. Croft’s sexual assault allegations against James Dolan and Harvey Weinstein, which are unaffected by the decision. Our fight for Ms. Croft has only just begun.”
In her lawsuit, which she first filed in January, Croft alleged she was a 27-year-old massage therapist working with Glenn Frey of the Eagles when she first met Dolan, 58, in 2013.
According to Croft's complaint, Dolan booked a massage with her, became “extremely assertive,” and “pressured her into having unwanted sex with him.” She alleged that Dolan “summoned” her to his room several times during the tour and made “unwanted advances.” She said that because of Dolan's “enormous power over everyone on the tour,” she felt “obligated to submit to having sex with him.”
Dolan was also accused of facilitating a 2014 Los Angeles meeting between Croft and Weinstein, whom Dolan said was one of his “best friends.” Croft's lawsuit alleged that shortly after, Weinstein broke into her hotel room and assaulted her.
“Weinstein then pushed Ms. Croft onto the bed, forced her to lie down, and forced her legs apart,” the lawsuit alleges. “He stood between her legs, unbuttoned his robe, and thrust his fingers inside her, using his other hand to hold her down. He attempted to insert his penis inside her, though she struggled to do so.”
