Suits and Litigation (Civil)

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      New 42 Worker Files Bias Lawsuit Over Diversity Training

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      A white teaching artist at the theater organization says it discriminated against white people. The nonprofit declined to comment.A contract worker at a nonprofit New York theater organization has filed a lawsuit saying that the institution’s diversity trainings were themselves discriminatory.Kevin Ray, a part-time teaching artist at New 42, an organization that runs rehearsal studios, youth programs and a children’s theater in Times Square, filed the lawsuit late Wednesday in Federal District Court, accusing the organization of discriminating against white employees. He is asking the court to determine that New 42 violated the federal civil rights act as well as local human rights laws, and to award him an unspecified amount of damages.In the lawsuit, Ray, who is white, alleged that the diversity programs implemented by New 42 included “racially-discriminatory propaganda and lectures promoting discriminatory ideology on the basis of race.” Ray said he was asked to join a conversation about a “white affinity group” at New 42, and said the organization had designated a “white-identifying breakout room” at an online town hall.“In reality, ‘diversity training sessions’ were race-based indoctrination sessions that promoted the division of employees on the basis of race,” the lawsuit says.Ray’s job involves visiting schools for educational programs, usually related to a show the students are about to see. He claims that he has been assigned less work and has been subjected to retaliation after raising concerns about the organization’s diversity training programs.The lawsuit comes at a time when the use of antiracism training programs and the creation or expansion of diversity initiatives has grown significantly in the theater industry, as in many other sectors of society, following the unrest over racism in the United States in the summer of 2020.The lawsuit is being backed by an organization called the Foundation Against Intolerance and Racism, which says it is concerned about a “cynical and intolerant orthodoxy” that “pits us against one another, and diminishes what it means to be human.” The organization, founded by Bion Bartning, has filed other lawsuits challenging what it says are forms of discriminatory overreach by organizations trying to implement diversity programs; the Ray suit is the organization’s first in the arts arena, but it has begun an arts program as it considers other action.A lawyer for New 42, David Lichtenberg, said via a spokeswoman that the nonprofit had “no comment at this time.” More

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      A Woman Who Says Bill Cosby Molested Her as a Teen Begins Testifying

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      Judy Huth, who is suing Mr. Cosby on sexual assault grounds in a civil case, took the stand in California to begin describing an encounter with the entertainer that took place decades ago.Judy Huth took the stand in Santa Monica on Monday to describe a moment in 1975 when, as a teenager, she said she met Bill Cosby in a California park where he was making a film.Days later, at his invitation, she said, she and her friend went along to his tennis club and then ultimately to the Playboy Mansion in Los Angeles.“It was an adventure,” Ms. Huth said. “We were kids. He was a celebrity.”But later that day, the man she had admired as a famous comedian molested her, she said, after taking her to an isolated room at the mansion. Ms. Huth said she was 16 years old at the time.Mr. Cosby has denied he sexually assaulted Ms. Huth or any of the other women who have come forward in recent years to accuse him of sexual misconduct. He has said any relationship was consensual.But Ms. Huth, 64, has sued Mr. Cosby for sexual assault, and her account, which was not finished on Monday, is the centerpiece of her case against the entertainer, which completed its fourth day of testimony. Ms. Huth testified that she and her friend had been impressed when they saw Mr. Cosby — along with other movie stars — in a park in San Marino on the set of the film “Let’s Do It Again.” According to her account, Mr. Cosby gave the two teenagers alcohol at a house where he was staying, telling them to drink if he bested them in a game of pool, and then asked them to follow him in a car to the mansion. The Sexual Assault Cases Against Bill CosbyAfter Bill Cosby’s 2018 criminal conviction for sexual assault was overturned, the first civil case accusing him of sexual misconduct has reached trial.The Civil Trial: Judy Huth has accused Mr. Cosby of assaulting her as a teenager. She sued in 2014, but the case had been on hold while he was criminally prosecuted.Criminal Conviction: In 2018, a jury found the disgraced entertainer guilty of drugging and sexually assaulting Andrea Constand at his home near 14 years earlier,His Release From Prison: After the Pennsylvania Supreme Court overturned the conviction, Mr. Cosby was released from prison on June 30, 2021.The Ruling: The conviction was overturned on the grounds that prosecutors violated Mr. Cosby’s rights by reneging on a promise not to charge him.“Are you girls ready for your surprise?” he said, according to Ms. Huth. “I had no clue what it could be,” she said. Her lawyers showed the jury a photograph of Ms. Huth standing with Mr. Cosby in the game room at the mansion, taken, she told the court, “before he molested me. It happened 15 minutes after.”Ms. Huth’s testimony was interrupted by the end of the court day before she was able to discuss what she has, in court papers for her case, accused him of doing: placing his hand down her pants and then forcing her to fondle him.The impact of that event, her lawyers have told the court, included depression and anxiety. She had experienced a happy childhood, she said, growing up in Temple City, Calif. But her lawyers said that the incident had derailed her and that she didn’t earn her high school diploma until she was 60.Mr. Cosby’s lawyers have disputed Ms. Huth’s account, suggesting that their meeting actually happened years later, when she was an older, and willing, visitor to the mansion who by her own account did not flee after the encounter but stayed on for hours, swimming in the pool and watching a movie.Ms. Huth’s lawsuit, filed in 2014, was largely on hold while prosecutors in Pennsylvania pursued Mr. Cosby, 84, criminally on charges that he had sexually assaulted Andrea Constand, a former Temple University employee.But Mr. Cosby’s 2018 conviction in that case was overturned last year by the Pennsylvania Supreme Court on due process grounds, and Mr. Cosby walked free after serving nearly three years of a three- to 10-year sentence.Mr. Cosby, flanked by two of his lawyers, outside his home in the Philadelphia suburbs after being freed from prison last year. Mark Makela/ReutersEarlier on Monday, Mr. Cosby’s lawyers had cross-examined Donna Samuelson, Ms. Huth’s friend who accompanied her to the mansion. She had told the court last week that Ms. Huth had been distraught after her encounter with Mr. Cosby but that Ms. Samuelson persuaded her to stay.Mr. Cosby’s defense tried to undermine the credibility of that account, suggesting that the two friends had coordinated their stories before Ms. Huth first went to the police in 2014. (Prosecutors ultimately declined to file criminal charges because the statute of limitations had passed.)But Ms. Samuelson said she had simply misremembered when she had initially reported to authorities that Ms. Huth was 15 at the time, not 16 as Ms. Huth now says.Mr. Cosby’s lawyers showed a layout of the game room at the Playboy Mansion and said that Ms. Samuelson had been wrong to say a person could access the bathroom only through an adjoining bedroom.Mr. Cosby’s lawyers also said it was impossible for Ms. Samuelson to have played the arcade game “Donkey Kong” there in 1975, as she has testified in a deposition. The game was not released until six years later.Ms. Samuelson said she meant that she had played a game like Donkey Kong.She denied that she and Ms. Huth had coordinated their accounts before Ms. Huth went to the police in 2014. “We were not putting anything together,” she said. “We were just telling our memories.”Jennifer Bonjean, a lawyer for Mr. Cosby, also brought up the subject of race in a way that suggested Ms. Samuelson was motivated to take down Mr. Cosby because he is Black. She said, for example, that Ms. Samuelson, in her pre-trial deposition, had described the décor of his house in Los Angeles as “jungly” and “African,” referring to the leaf print on the wallpaper.“It wasn’t atypical for people in your friend group to use racial slurs like the N-word,” the lawyer asserted.Ms. Samuelson said she never did that.“I am not racist,” she said.One of Mr. Cosby’s lawyers, Jennifer Bonjean.Lucy Nicholson/ReutersMr. Cosby’s lawyers have noted in court proceedings that Ms. Huth’s recollection of when her encounter took place has changed: While she initially said it had happened in 1974, when she was 15, she more recently concluded it was in 1975, when she was 16. The law in California classified a 16-year-old as a minor. In disputing Ms. Huth’s account, Mr. Cosby’s lawyers have suggested they met years after the time she said they did, when she was no longer a minor.Last week, Ms. Huth’s legal team introduced two other women who testified about encounters with Mr. Cosby. Kimberly Burr testified that she was 14 years old when he tried to kiss her in his trailer on the set of “Let’s Do It Again” in 1975 as well.Margie Shapiro testified that she was 19 that year when Mr. Cosby met her at the doughnut shop where she was working and invited her to the set of another movie he was filming in Los Angeles. Later that day, according to her testimony, she went to his house and then they went to the Playboy Mansion, where, she said, he drugged and assaulted her, an accusation that Mr. Cosby denies.Mr. Cosby is not expected to testify at the trial, having asserted his Fifth Amendment rights. But lawyers for Ms. Huth deposed him several years ago, and a portion of that testimony is expected to be presented in court before the conclusion of the trial, which is expected to last through the week. More

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      Woman Testifies That Bill Cosby Kissed Her When She Was 14

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      She testified at a civil trial in Los Angeles brought by another woman accusing Mr. Cosby of sexual assault. A spokesman for Mr. Cosby denied all the accusations against him.Kimberly Burr testified Friday that she was 14 years old when Bill Cosby invited her into his trailer on a film set in Los Angeles in 1975 and started kissing her.Ms. Burr was testifying in the civil trial in Los Angeles where Mr. Cosby has been sued by another woman, Judy Huth, who has accused Mr. Cosby of sexually assaulting her that same year, when she was also a teenager.Ms. Burr, who is now 61, said that she had met Mr. Cosby at a tennis tournament in Palm Desert that year, where he had invited her to the set of the film “Let’s Do It Again” in Los Angeles with the promise of being an extra. While her mother and other members of her family waited outside, she said, he led her into his trailer to help him fix his bow tie, where he grabbed both her arms and started kissing her.“I was stuck,” Ms. Burr told the court. “I was struggling, trying to get away.”When he let go, she said, she “walked right out of the trailer down the steps” and didn’t tell her family because she didn’t want to ruin the day for them.During cross-examination, Jennifer Bonjean, a lawyer for Mr. Cosby, challenged her account, asking how, after such a traumatic experience, she could have kept photographs in the family home of the meeting showing Ms. Burr and her brother with Mr. Cosby. “Did it bother you that they were there?” she said.A spokesman for Mr. Cosby, Andrew Wyatt, dismissed the testimony. “These are just allegations made up to support Judy Huth, whose claims are not factual at all,” he said in an interview.Ms. Huth’s case is the first civil suit accusing Mr. Cosby of sexual assault to reach trial. In her lawsuit, Ms. Huth says that she was sexually assaulted by Mr. Cosby at the Playboy Mansion in Los Angeles in 1975, when she was 16, after she and a friend met him in a park where he was filming “Let’s Do It Again,” the same movie he was working on when he met Ms. Burr.The Sexual Assault Cases Against Bill CosbyAfter Bill Cosby’s 2018 criminal conviction for sexual assault was overturned, the first civil case accusing him of sexual misconduct has reached trial.The Civil Trial: Judy Huth has accused Mr. Cosby of assaulting her as a teenager. She sued in 2014, but the case had been on hold while he was criminally prosecuted.Criminal Conviction: In 2018, a jury found the disgraced entertainer guilty of drugging and sexually assaulting Andrea Constand at his home near 14 years earlier,His Release From Prison: After the Pennsylvania Supreme Court overturned the conviction, Mr. Cosby was released from prison on June 30, 2021.The Ruling: The conviction was overturned on the grounds that prosecutors violated Mr. Cosby’s rights by reneging on a promise not to charge him.Days after their meeting, Mr. Cosby invited Ms. Huth and her friend to his tennis club, Ms. Huth’s lawyers have said, where Ms. Huth played a game where she had to drink alcohol every time he won at billiards, and then they both followed him in their car to the Playboy Mansion. Once there, Ms. Huth has said, Mr. Cosby forced her to perform a sex act on him in a bedroom.Mr. Cosby has denied he sexually assaulted Ms. Huth, or any of the other women who have come forward in recent years to accuse him of sexual misconduct.More than 50 women have accused Mr. Cosby of sexually abusing them. This was the first time Ms. Burr has spoken publicly.As Ms. Huth’s lawyers have sought to demonstrate a pattern of behavior and abuse by Mr. Cosby, they called another witness, Margie Shapiro, 65, who had already come forward with accusations in 2015.Ms. Shapiro testified that she was 19 in 1975 when Mr. Cosby met her at the doughnut shop where she was working and invited her to the set of another movie he was filming in Los Angeles. Later that day, they went to the Playboy Mansion, where, she said, he drugged and assaulted her. She said that they had played pinball together in the game room at the mansion, and that he had offered her a pill after she lost. She said she remembered waking up: “My next memory was foggy, but I was in a bed naked and Bill Cosby was naked, inside me,” she said.She said she told a friend what had happened but never went to the police. “I felt I went there consensually, I took a pill and he’s him and I am me,” she said. “I felt stupid because I felt at the time I put myself in that situation.”Mr. Cosby’s spokesman, Mr. Wyatt, issued a statement Friday afternoon which said that the accusers were “discrediting themselves” and questioned their accounts. “Since we stand on the foundation of truth and facts,” he said in the statement, “we believe that Mr. Cosby will be vindicated of ALL allegations in order to move forward with life, liberty and the pursuit of happiness.”In challenging Ms. Shapiro’s account in court, Mr. Cosby’s legal team questioned whether she was working at the doughnut shop on the morning she said she met Mr. Cosby, and whether she went to the Playboy Mansion. They acknowledged that Ms. Shapiro went to Mr. Cosby’s house, but they insisted that the relationship was consensual. Ms. Shapiro said she stood by her account.Mr. Cosby’s lawyers have noted in court proceedings that Ms. Huth’s recollection of when her encounter took place has changed: While she initially said it happened in 1974, when she was 15, she more recently concluded it was in 1975, when she was 16. The law in California classified a 16-year-old as a minor. In disputing Ms. Huth’s account, Mr. Cosby’s lawyers have suggested they met years after the time she said they did, when she was no longer a minor.In their opening remarks, his lawyers sought to discredit Ms. Huth’s account by pointing out that she and the friend who accompanied her to the Playboy Mansion stayed for hours after the alleged encounter with Mr. Cosby, swimming in the outdoor pool and watching a movie.The friend, Donna Samuelson, has testified that Ms. Huth was distraught and wanted to leave but Ms. Samuelson persuaded her to stay.Ms. Huth’s lawsuit, which she filed in 2014, had largely been put on hold while prosecutors in Pennsylvania pursued Mr. Cosby criminally on charges that he sexually assaulted Andrea Constand.Mr. Cosby’s 2018 conviction in that case was overturned last year by an appellate court, which ruled that a non-prosecution agreement he made with a previous prosecutor meant that Mr. Cosby should not have been charged in the case. Mr. Cosby walked free after serving nearly three years of a three- to 10-year sentence.Mr. Cosby, 84, is not scheduled to testify and has not attended the opening days of testimony, but his deposition testimony is expected to be played in court.Ms. Huth, 64, who has been in attendance, is intending to give her account to the jury. More

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      Johnny Depp’s Win in Court Could Embolden Others, Lawyers Say

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      The actor’s victory against his ex-wife Amber Heard in one of the highest profile defamation cases to go to trial could inspire others to try their luck with juries.As the #MeToo movement fueled a public airing of sexual assault and misconduct allegations, defamation lawsuits quickly became a tool for both the accused and accusers to seek retribution and redemption.Men accused of misconduct have increasingly turned to defamation suits to try to clear their names, as have victims accused of making false allegations. But between the high costs of lawyers’ fees and the fears of revealing embarrassing details in open court, many such cases are settled before they ever reach trial.The bitter legal battle between the actor Johnny Depp and his ex-wife Amber Heard was closely watched in part because it was one of the highest-profile defamation cases to make it to trial recently, and several lawyers said that Mr. Depp’s victory in a Virginia court on Wednesday — when he was awarded more than $10 million in damages — could embolden others accused of abuse or misconduct to try their luck with juries, despite the real risks of airing dirty laundry in public.Ugly charges of physical abuse and lurid testimony came to define the Depp-Heard trial, which included one line of questioning about actual dirty laundry: the couple’s fierce argument over how the sheets in a Los Angeles penthouse where they were staying had become befouled. But the jury found in the end that Ms. Heard had defamed Mr. Depp in a 2018 op-ed in The Washington Post in which she referred to herself as a “public figure representing domestic abuse.”“Some people will definitely look at this as a playbook for suing your accuser,” said Charles Tobin, a First Amendment lawyer who practices in Fairfax, Va., where the trial played out over six weeks, and who briefly represented the former employer of a witness called in the Depp case. The proceedings were broadcast and livestreamed far beyond the walls of the courtroom.The $10.35 million award to Mr. Depp was offset by a $2 million partial victory for Ms. Heard, who countersued Mr. Depp for defamation after a lawyer representing him made several statements to a British tabloid calling her abuse accusations a “hoax.” The jury did not find two of those statements defamatory, but found that a third — in which the lawyer had accused Ms. Heard of damaging the couple’s penthouse and calling 911 “to set Mr. Depp up” — did defame her.Mr. Depp praised the verdict, saying that “the jury gave me my life back,” while Ms. Heard described it as “heartbreaking.”The outcome differed from that of a case in Britain, where a judge had ruled two years ago that there was evidence that Mr. Depp had repeatedly assaulted Ms. Heard. That ruling came in a libel suit that Mr. Depp had filed after The Sun, a British tabloid newspaper, called him a “wife beater” in a headline. While Britain is sometimes considered hospitable to libel cases, the judge who heard that case, Andrew Nicol, found that there was sufficient proof to conclude that most of the assaults Ms. Heard described had occurred, and he determined that what the newspaper had published was “substantially true.”Several high-profile defamation cases in recent years have been settled before they reached trial. In 2019, seven women who had accused Bill Cosby of sexual assault, and then sued him for defamation after they were accused of lying, settled their claims; a spokesman for Mr. Cosby said that his insurance company had decided to settle the cases without his consent. And the casino mogul Steve Wynn recently agreed to a settlement of a defamation suit he had filed against the lawyer Lisa Bloom, who said she would retract a statement accusing him of inappropriate behavior involving a client.In the wake of the Depp verdict, several lawyers and legal experts said, people accused of assault and misconduct may now be more inclined to try to bring defamation cases to trial. And some advocacy organizations and lawyers worry that the case could have a chilling effect on the victims of domestic violence or sexual abuse, adding to their fears that they could be punished for speaking out.“I do think that well-resourced individuals who feel slighted by speech that embarrassed or criticized them in some way may feel emboldened by this verdict,” said Nicole Ligon, a First Amendment law professor who provides pro bono legal advice for people considering going public with sexual misconduct accusations. “I imagine part of the reason they’ll feel emboldened is beyond the verdict itself but the public reaction to it.”The trial was captured by two cameras in the courtroom that allowed the testimony to be packaged into memes and online commentary — much of which mocked Ms. Heard’s accusations of abuse. In an interview with NBC’s “Today” show on Thursday, one of Ms. Heard’s lawyers, Elaine Charlson Bredehoft, said that the cameras had turned the trial into a “zoo.”Before the trial, Ms. Bredehoft had sought to persuade the judge to block cameras from the courtroom, arguing that Ms. Heard would be describing incidents of alleged sexual violence and predicting that “anti-Amber” networks would take statements out of context and play them repeatedly.“The potential for saturation of an unsequestered jury is a tremendous risk in this case,” Ms. Bredehoft argued, according to a court transcript from February.Judge Penney S. Azcarate ordered that cameras be allowed, maintaining that Ms. Bredehoft’s argument about victims of sexual offenses would only pertain to criminal trials. The judge suggested that allowing cameras could make the make the courthouse “safer” by giving a broader audience of viewers access to the case remotely.Mr. Depp may have won a victory in court, but it may take more than that to revive his career, or for Walt Disney Studios, which has cast Mr. Depp in several starring roles, to get back into business with him.The studio declined to comment, but two Disney executives privately pointed to his box office track record as the primary reason: None of his Disney movies have succeeded outside of the “Pirates of the Caribbean” franchise since “Alice in Wonderland” in 2010. “Alice Through the Looking Glass” was a misfire in 2016, taking in 70 percent less than its predecessor worldwide. “The Lone Ranger” was a big-budget bomb in 2013. Except as Captain Jack Sparrow in the “Pirates” films, he has not been a box office draw recently.Johnny Depp’s Libel Case Against Amber HeardCard 1 of 7In the courtroom. More

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      Johnny Depp-Amber Heard Verdict: The Actual Malice of the Trial

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      In this post-#MeToo moment, misogyny and celebrity go hand in hand.The Johnny Depp-Amber Heard defamation trial was, from gavel to gavel, a singularly baffling, unedifying and sad spectacle. Now that it has ended with the jury finding in favor of Depp on all questions and in favor of Heard on only one, it’s clear that the confusion was the point.Why did Depp, who had already lost a similar case in Britain, insist on going back to court? A public trial, during which allegations of physical, sexual, emotional and substance abuse against him were sure to be repeated, couldn’t be counted on to restore his reputation. Heard, his ex-wife, was counting on the opposite: that the world would hear, in detail, about the physical torments that led her to describe herself, in the Washington Post op-ed that led to the suit, as “a public figure representing domestic abuse.”Even before the verdict came in, Depp had already won. What had looked to many like a clear-cut case of domestic violence had devolved into a “both sides” melodrama. The fact that Heard’s partial victory, which involved not Depp’s words but those spoken in 2020 by Adam Waldman, his lawyer at the time, can be spun in that direction shows how such ambiguity served Depp all along. As one commenter on The New York Times site put it, “Every relationship has its troubles.” Life is complicated. Maybe they were both abusive. Who really knows what happened? The convention of courtroom journalism is to make a scruple of indeterminacy. And so we found ourselves in the familiar land of he said/she said.The Depp-Heard trial was a singularly baffling, unedifying and sad spectacle, both inside the courtroom and out. Craig Hudson/Associated PressWe should know by now that the symmetry implied by that phrase is an ideological fiction, that women who are victims of domestic violence and sexual assault have a much harder time being listened to than their assailants. I don’t mean that women always tell the truth, that men are always guilty as charged, or that due process isn’t the bedrock of justice. But Depp-Heard wasn’t a criminal trial; it was a civil action intended to measure the reputational harm each one claimed the other had done. Which means that it rested less on facts than on sympathies.In that regard, Depp possessed distinct advantages. He isn’t a better actor than Heard, but her conduct on the stand was more harshly criticized in no small part because he’s a more familiar performer, a bigger star who has dwelled for much longer in the glow of public approbation. He brought with him into the courtroom the well-known characters he has played, a virtual entourage of lovable rogues, misunderstood artists and gonzo rebels. He’s Edward Scissorhands, Jack Sparrow, Hunter S. Thompson, Gilbert Grape.We’ve seen him mischievous and mercurial, but never truly menacing. He’s someone we’ve watched grow up, from juvenile heartthrob on “21 Jump Street” to crusty old salt in the “Pirates of the Caribbean” franchise. His offscreen peccadilloes (the drinking, the drugs, the “Winona Forever” tattoo) have been part of the pop-cultural background noise for much of that time, classified along with the scandals and shenanigans that have been a Hollywood sideshow since the silent era.Depp is someone audiences have watched grow up onscreen, in movies like (clockwise from top left) “Edward Scissorhands,” “What’s Eating Gilbert Grape,” “Pirates of the Caribbean” and “Fear and Loathing in Las Vegas.”Clockwise from top left: 20th Century Studios; Paramount Pictures, via RGR Collection/Alamy; Universal Pictures, via TCD and Prod.DB/Alamy; Disney, via Moviestore Collection Ltd/AlamyIn his testimony, Depp copped to some bad stuff, but this too was a play for sympathy, of a piece with the charm and courtliness he was at pains to display. That he came off as a guy unable to control his temper or his appetites was seen, by many of the most vocal social media users, to enhance his credibility, while Heard’s every tear or gesture was taken to undermine hers. The audience was primed to accept him as flawed, vulnerable, human, and to view her as monstrous.Because he’s a man. Celebrity and masculinity confer mutually reinforcing advantages. Famous men — athletes, actors, musicians, politicians — get to be that way partly because they represent what other men aspire to be. Defending their prerogatives is a way of protecting, and asserting, our own. We want them to be bad boys, to break the rules and get away with it. Their seigneurial right to sexual gratification is something the rest of us might resent, envy or disapprove of, but we rarely challenge it. These guys are cool. They do what they want, including to women. Anyone who objects is guilty of wokeness, or gender treason, or actual malice.Of course there are exceptions. In the #MeToo era there are men who have gone to jail, lost their jobs or suffered disgrace because of the way they’ve treated women. The fall of certain prominent men — Harvey Weinstein, Leslie Moonves, Matt Lauer — was often welcomed as a sign that a status quo that sheltered, enabled and celebrated predators, rapists and harassers was at last changing.A few years later, it seems more likely that they were sacrificed not to end that system of entitlement but rather to preserve it. Almost as soon as the supposed reckoning began there were complaints that it had gone too far, that nuances were being neglected and too-harsh punishments meted out.This backlash has been folded into a larger discourse about “cancel culture,” which is often less about actions than words. “Cancellation” is now synonymous with any criticism that invokes racial insensitivity, sexual misbehavior or controversial opinions. Creeps are treated as martyrs, and every loudmouth is a free-speech warrior. Famous men with lucrative sinecures on cable news, streaming platforms and legacy print publications can proclaim themselves victims.Johnny Depp’s Libel Case Against Amber HeardCard 1 of 7In the courtroom. More

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      In Opening Statements, Cosby Is Accused of Assaulting Judy Huth as Teenager

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      The trial stemming from Ms. Huth’s lawsuit, which says Mr. Cosby sexually assaulted her when she was a minor, began in Los Angeles as her lawyers described what she says occurred in the Playboy Mansion.Bill Cosby had taken Judy Huth and her friend to the game room of the Playboy Mansion in Los Angeles in 1975 when she asked to use the bathroom in an adjoining bedroom, Ms. Huth’s lawyers said in court on Wednesday.When she came out of the bathroom, Mr. Cosby was sitting on the bed. “He taps on the bed,” said Nathan Goldberg, a lawyer for Ms. Huth who has said she was 16 at the time, as if to say, “‘Come here.’”“When she did timidly, that’s when he pounced,” Mr. Goldberg said during opening statements in the trial of a civil case brought by Ms. Huth against Mr. Cosby for sexual assault.In their opening remarks, Mr. Cosby’s lawyers disputed Ms. Huth’s account, suggesting she had been an older, and willing, visitor to the Playboy Mansion who, by her own account, did not flee after an encounter with Mr. Cosby but rather stayed on for hours, swimming in the pool and watching a movie.“Boy, did Judy and Donna enjoy themselves,” a lawyer for Mr. Cosby, Jennifer Bonjean, said, referring to Ms. Huth and her friend.The trial, expected to last seven to 10 days, is being held at the Santa Monica branch of Los Angeles Superior Court.In their filings, Mr. Cosby’s lawyers have denied the allegations, describing them as a fabrication. “We believe that Mr. Cosby will fully be exonerated once the jurors hear the evidence as well as examine the many inconsistent accounts given by Ms. Huth,” Mr. Cosby’s spokesman, Andrew Wyatt, said in a statement.The Sexual Assault Cases Against Bill CosbyAfter Bill Cosby’s 2018 criminal conviction for sexual assault was overturned, the first civil case accusing him of sexual misconduct has now reached trial.The Civil Trial: Judy Huth has accused Mr. Cosby of assaulting her as a teenager. She sued in 2014, but the case had been on hold while he was criminally prosecuted.Criminal Conviction: In 2018, a jury found the disgraced entertainer guilty of drugging and sexually assaulting Andrea Constand at his home near 14 years earlier,His Release From Prison: After the Pennsylvania Supreme Court overturned the conviction, Mr. Cosby was released from prison on June 30, 2021.The Ruling: The conviction was overturned on the grounds that prosecutors violated Mr. Cosby’s rights by reneging on a promise not to charge him.In detailing Ms. Huth’s account, Mr. Goldberg said Mr. Cosby tried to kiss her and put his hands down her pants. When she told him she was on her period, he dropped his pants, and “took her hand with his” and forced her to perform a sex act, he said.Mr. Goldberg spoke for a little more than an hour, recounting how Ms. Huth and her friend were playing Frisbee when they spotted Mr. Cosby filming a movie in a park in San Marino, Calif.He invited them onto the set and days later brought them to his tennis club, where, Mr. Goldberg continued, Mr. Cosby encouraged them to take a drink every time they lost at pool. Afterward, Mr. Goldberg said, Mr. Cosby had them follow him in a car to the Playboy Mansion, where the encounter in the game room occurred.Mr. Goldberg said Ms. Huth wanted to leave at that point, but her friend, Donna Samuelson, persuaded her to stay. Ms. Samuelson, who testified on Wednesday, said that Mr. Cosby had Ms. Huth “locked in the room,” and said Ms. Huth was crying when they went outside.“She grabbed her purse and said we are getting out of here,” Ms. Samuelson told the court. “She told me Bill Cosby tried to have sex with her.”She said she and Ms. Huth talked for about half an hour in her car, but she persuaded her friend to stay because she thought spending an evening at the mansion would calm her down.“She told me not to tell anyone,” said Ms. Samuelson. “It was embarrassing and humiliating to her.”They swam and ordered drinks, mingled with famous actors and, later, watched a movie. Only years later, in 2014, when Ms. Huth’s son turned 15 and other women started to come forward with similar accounts about Mr. Cosby, did the emotional damage of what had happened to Ms. Huth come to the fore, her lawyer said.“It was like a cork popped out of the bottle and all of her buried feelings rushed to the surface,” Mr. Goldberg said.Ms. Huth has produced photographs of the visit taken by Ms. Samuelson at the mansion showing Ms. Huth with Mr. Cosby. Ms. Bonjean accused Ms. Huth and her friend of “saving mementos of their rape,” raising questions about why a sexual assault victim would keep such tokens of the visit. The photographs were part of “a plan to make a buck,” said Ms. Bonjean, who spoke for about an hour. “Judy Huth has been trying to cash in on these photos for decades.”Mr. Cosby’s legal team has also introduced records from the Playboy Mansion that showed Mr. Cosby visiting with two unnamed guests, and said the records showed that the two guests had stayed at the mansion for about 12 hours. Ms. Huth’s suit, first filed in 2014, had been largely put on hold while Mr. Cosby was being criminally prosecuted in another case in Pennsylvania where he was accused of drugging and sexually assaulting Andrea Constand. The 2018 criminal conviction in the Constand case was overturned last year by an appellate court on “due process” grounds, and he was freed from prison.Ms. Huth’s case is now being followed by some of the many other women who have accused Mr. Cosby of sexual misconduct, in part because it is the first civil case accusing Mr. Cosby of sexual assault to reach trial. Mr. Cosby has denied all allegations of sexual assault, and said any encounters were consensual.Bill Cosby has denied sexually assaulting Ms. Huth and has challenged the timeline she has put forth of when they met. Brendan Smialowski/Agence France-Presse — Getty ImagesMr. Cosby has acknowledged meeting with Ms. Huth at the Playboy Mansion but denied her allegation of sexual battery and has challenged her contention that she was a minor at the time.Ms. Huth’s legal team said it intends to introduce two other women to testify about similar encounters with Mr. Cosby.One of the women will testify, Mr. Goldberg said, that Mr. Cosby, whom she met at a doughnut store where she worked, was also taken to the Playboy Mansion by Mr. Cosby. In the game room, Mr. Cosby gave her a pill, the lawyer said, and he assaulted her as she lost consciousness.“In each instance, he meets them in circumstances that don’t appear threatening,” Mr. Goldberg said. “He takes them places where they seem comfortable. They don’t feel threatened in this mansion, the movie set. He does not care about their family or friends nearby. He has no fear.”Mr. Cosby, 84, has invoked his Fifth Amendment privilege against self-incrimination and will not testify or attend the trial, his spokesman has said. Ms. Huth, 64, attended court Wednesday and is expected to testify later in the trial.Ms. Huth also reported her accusation to the police in 2014, but prosecutors declined to file criminal charges because the statute of limitations had passed.She was able to file a lawsuit because under California law, in some cases, the statute of limitations can be extended for people who say they only recently recognized as adults the damage done by a repressed incident of sexual abuse they experienced as a child.The deadline to file such a suit is determined in part by when the person, as an adult, becomes aware of the severe psychological effect of the abuse.Mr. Cosby’s lawyers have questioned whether she had only remembered the alleged abuse a short time before filing the suit because, they said, she had contacted a tabloid about it 10 years earlier.They also tried to stop the trial from going ahead when Ms. Huth recently changed her recollection about when the encounter occurred. She initially said that it had happened in 1974, when she was 15. But more recently she concluded that it was actually in 1975, when she was 16. The law in California, then and now, holds that a 16-year-old is classified as a minor, but Mr. Cosby has contended that he did not meet Ms. Huth until several years later.She said she only recently realized she had the date wrong after, among other things, reviewing documents put forward by Mr. Cosby that clarified when the movie filming she recalled witnessing had taken place. More

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      Johnny Depp Jury Finds That Amber Heard Defamed Him in Op-Ed

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      The jury in Virginia found that Ms. Heard had damaged her ex-husband’s reputation with an op-ed in which she identified herself as a “public figure representing domestic abuse.”For six weeks, the defamation case that the actor Johnny Depp filed against his ex-wife Amber Heard transfixed the nation, offering a rare instance of high-profile #MeToo charges and countercharges, including lurid accusations of physical abuse, being hashed out in the public spotlight of a courtroom.On Wednesday, the seven-person jury in Fairfax, Va., found that Mr. Depp had been defamed by Ms. Heard when she described herself in a 2018 op-ed in The Washington Post as a “public figure representing domestic abuse.” Mr. Depp was awarded more than $10 million in damages.During the trial Mr. Depp had fiercely denied Ms. Heard’s accusations that he had subjected her to repeated physical abuse that included punching and head-butting and several instances of sexual assault. In a statement after the verdict Mr. Depp thanked the jury, saying that it “gave me my life back.”Ms. Heard, who was in the courtroom as the verdict was read, said in a statement afterward that she was disappointed “beyond words” by their finding.“I’m heartbroken that the mountain of evidence still was not enough to stand up to the disproportionate power, influence, and sway of my ex-husband,” she said.Ms. Heard did not seem buoyed by the fact that the jury also awarded her $2 million in damages, agreeing that she had been defamed in one instance by a lawyer for Mr. Depp. A spokeswoman for Ms. Heard, Alafair Hall, said she planned to appeal.A jury found that Johnny Depp and his ex-wife Amber Heard were both defamed.Craig Hudson/Associated PressSuch cases are often settled out of court, in part to avoid public scrutiny. The bitter charges and embarrassing details in this case were aired not only in open court, but also before cameras that beamed every accusation onto televisions and livestreams, where they were turned into memes and debated on social media.The 2018 op-ed that Ms. Heard wrote never mentioned Mr. Depp by name, but he argued that it clearly referred to their marriage, which began in 2015 and fell apart just over a year later, and that it was false. (Early drafts of it were prepared by the American Civil Liberties Union, where Ms. Heard was an ambassador with a focus on women’s rights and gender-based violence.)The jury agreed, and found that it contained several statements that were false, and were made with actual malice.Ms. Heard countersued, claiming that she had been defamed in 2020 when one of Mr. Depp’s lawyers at the time had dismissed her accusations as a “hoax” in statements to a British tabloid. The jury found that Mr. Depp had defamed Ms. Heard in one instance, when the lawyer accused her of damaging the couple’s penthouse and blaming it on Mr. Depp.The verdict came as a surprise to several legal observers, who noted that a judge in Britain had ruled two years ago that there was evidence that Mr. Depp had repeatedly assaulted Ms. Heard. That ruling came in a libel suit that Mr. Depp had filed after The Sun, a British tabloid newspaper, called him a “wife beater” in a headline. The judge in that case had ruled that the defendants had shown that what they published was “substantially true.”Ms. Heard, 36, maintained throughout the trial that everything written in the op-ed was true.Amber Heard leaves the courthouse in Virginia after the jury’s verdict in the libel case brought by her ex-husband.Tom Brenner/ReutersThe combination of star power, sensational details and cameras in the courtroom turned the trial into an internet obsession. Memes and posts attacking Ms. Heard, some created by superfans of Mr. Depp, proliferated online. Ms. Heard testified that she had received thousands of death threats since the start of the trial and called the online mockery “agonizing.”Sometimes breaking into sobs on the stand, Ms. Heard testified about more than a dozen times that, she said, Mr. Depp was violent toward her. In a key incident in Australia in 2015, Ms. Heard said, Mr. Depp became “belligerent” after taking the drug MDMA and attacked her, grabbing her by the neck and, at one point, sexually assaulting her with an object that Ms. Heard later determined to be a bottle.“I’m looking in his eyes and I don’t see him anymore,” Ms. Heard testified. “I’ve never been so scared in my life.”Mackenna White, a lawyer who counsels people as to the risks of publishing potentially contested accusations of sexual misconduct, said she worried that the online mockery of Ms. Heard would make some less likely to come forward.“The absolute destruction of Amber Heard is going to have an impact,” Ms. White said. “If you’re someone who’s worried about what could happen if you speak out, this could have the same chilling effect that we’ve been trying to reverse all these years.”Others saw the online reaction as a harbinger of what the jury would decide.“You have now millions of Americans weighing in as evidence unfolds in court — you can take that as an indication of how the case is going,” said Imran Ansari, a lawyer representing Alan Dershowitz in defamation suits involving Virginia Giuffre, who said she was a victim of Jeffrey Epstein’s sex trafficking operation and accused Mr. Dershowitz of being part of it, which he denies.Spectators outside the Virginia courthouse, many of them fans of Mr. Depp, reacted after the verdict was announced.Nicholas Kamm/Agence France-Presse — Getty ImagesMr. Depp, 58, gave a vastly different account of their relationship — and of the trip to Australia — in which Ms. Heard was the aggressor. Ms. Heard, he testified, had once been a girlfriend who seemed “too good to be true,” but turned into a partner who would taunt him, call him demeaning names, punch him and throw objects at him.In Australia, he testified, she threw a handle of vodka that exploded on his hand and severed his finger. (She denies throwing the bottle at him and said she only ever hit him in self-defense or in defense of her sister.)Johnny Depp’s Libel Case Against Amber HeardCard 1 of 7In the courtroom. More

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      What to Know About Bill Cosby’s Civil Trial on Sexual Assault Accusation

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      Ms. Huth has sued Mr. Cosby, asserting that he sexually assaulted her in the 1970s when she was a teenager.Bill Cosby is being sued by Judy Huth in civil court in Los Angeles. The trial started Wednesday after a jury was selected last week.Ms. Huth has accused Mr. Cosby, 84, of sexually assaulting her as a teenager and sued him in 2014. But the civil suit was largely put on hold while Mr. Cosby was being criminally prosecuted in another case where he was accused of drugging and sexually assaulting Andrea Constand.Mr. Cosby’s criminal conviction in the Constand case in Pennsylvania was overturned last year by an appellate court, and he was freed from prison.Ms. Huth’s case is being followed by some of the many women who have accused Mr. Cosby of sexual misconduct, in part because it is the first civil case accusing Mr. Cosby of sexual assault to reach trial.Mr. Cosby has denied sexually abusing Ms. Huth and the other women who have made that accusation against him, suggesting any sexual encounters were consensual.The Sexual Assault Cases Against Bill CosbyAfter Bill Cosby’s 2018 criminal conviction for sexual assault was overturned, the first civil case accusing him of sexual misconduct has now reached trial.The Civil Trial: Judy Huth has accused Mr. Cosby of assaulting her as a teenager. She sued in 2014, but the case had been on hold while he was criminally prosecuted.Criminal Conviction: In 2018, a jury found the disgraced entertainer guilty of drugging and sexually assaulting Andrea Constand at his home near 14 years earlier,His Release From Prison: After the Pennsylvania Supreme Court overturned the conviction, Mr. Cosby was released from prison on June 30, 2021.The Ruling: The conviction was overturned on the grounds that prosecutors violated Mr. Cosby’s rights by reneging on a promise not to charge him.What does Ms. Huth say happened?In court papers, Ms. Huth says that she and a friend met Mr. Cosby in 1975 when they wandered onto a movie set in a park in San Marino, Calif., where Mr. Cosby was shooting a film.Days later, at his invitation, they went to his tennis club, she says in court papers, where he gave her and her friend alcohol before taking them to the Playboy Mansion in Los Angeles. There, Ms. Huth says in her lawsuit, he forced her to perform a sex act on him in a bedroom. She says Mr. Cosby tried to put his hand down her pants and then forced her to fondle him.What does Mr. Cosby say?Mr. Cosby acknowledges meeting with Ms. Huth at the Playboy Mansion but denies her allegation of sexual battery and has challenged her contention that she was a minor at the time.His lawyers have pointed out in court proceedings that Ms. Huth’s recollection regarding when the encounter occurred has changed. She initially said that it had happened in 1974, when she was 15. But more recently she concluded that it was actually in 1975, when she was 16, according to court papers. The law in California, then and now, holds that a 16-year-old is classified as a minor, but Mr. Cosby has contended that he did not meet Ms. Huth until several years later.Why is this a civil trial?In 2014, when she filed the civil case, Ms. Huth also reported her accusation to the police. But the Los Angeles County District Attorney’s Office declined to file criminal charges because the statute of limitations had passed.Ms. Huth was able to file a lawsuit because under California law, in some cases, the statute of limitations can be extended for adults who contend they were victims of sexual abuse as children but repressed the experience.In 2020, California law was amended to further extend the statute of limitations for sexual assault filings in civil court.Is Mr. Cosby facing other civil suits?The civil case is one of the last unsettled lawsuits against Mr. Cosby.He has already faced multiple other civil cases filed against him by women, many of whom sued him for defamation after his legal team dismissed as fictions their accusations of sexual misconduct by him. Eleven civil cases ended in settlements, with 10 of the settlements having been agreed to by Mr. Cosby’s former insurance company over his objections, according to his spokesman.Mr. Cosby also settled a civil case Ms. Constand brought against him in 2006 for $3.4 million.One other ongoing civil case was filed last year by Lili Bernard, an actor and visual artist, who accused him of drugging and sexually assaulting her at a hotel in Atlantic City in 1990, when she was 26. Mr. Cosby has denied her account. The Bernard case is still in its early stages.Why was Mr. Cosby released from prison?Mr. Cosby was found guilty in 2018 of drugging and sexually assaulting another woman, Andrea Constand, at his home near Philadelphia and was given a three to 10 year sentence in state prison.But that conviction was overturned last year on due process grounds. An appeals court ruled that a “non-prosecution agreement” with a previous prosecutor meant that Mr. Cosby should not have been charged in the case.How does this civil case differ from the criminal case?In this civil case in Los Angeles Superior Court, the burden of proof is lower than in a criminal trial. It will be in front of a 12-person jury, with at least nine of 12 votes needed for a verdict. It is expected to last seven to 10 days. Ms. Huth is seeking damages.Mr. Cosby has invoked his Fifth Amendment privilege against self-incrimination and will not testify and will not attend the trial, his spokesman has said. Ms. Huth is expected to testify, as is the friend who she has said accompanied her to the Playboy Mansion in 1975. More