Cassie Ventura v. Sean Diddy Combs—Adult Survivors Act —New York
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R&B singer, Cassie Ventura, better known by the stage name Cassie, had filed her blockbuster lawsuit in federal court against the hip-hop mogul Sean Combs only a day before Combs, a rapper and producer, paid her to drop the suit. In her complaint, Ventura described a pattern of coercive control, abuse, drugging and sexual violence perpetrated against her by Combs throughout their more than 11-year relationship, which began in 2007, when Cassie was 21 and had signed to the 37-year-old Combs’ Bad Boy Records, and ended in 2019.
The suit alleged Combs brought the singer into his "ostentatious, fast-paced, and drug-fueled lifestyle" soon after she met him and signed to his label in 2005, when she was 19 and he was 37. Ventura said Combs, now 54, began a pattern of abuse as soon as their on-and-off relationship began in 2007, the lawsuit alleged. It also alleged Combs plied her with drugs and forced her to have sex with other men. Ventura also alleges that after she was romantically linked to another man, Combs told her that he would blow up the man’s car. A vehicle belonging to the rival exploded in a driveway shortly thereafter.
A statement provided by Ventura's attorney said they had reached a deal "to their mutual satisfaction" on November 17th, but no terms of the agreement were disclosed. An attorney for Combs had said the entertainer "vehemently denies" the allegations.Combs stated, “I wish Cassie and her family all the best. Love.” By reaching an agreement out of court, Diddy avoided new, likely damaging evidence being made available during the process of legal discovery. “Just so we’re clear, a decision to settle a lawsuit, especially in 2023, is in no way an admission of wrongdoing,” Ben Brafman, a lawyer for Diddy, said in a statement on November 20. “Mr. Combs’ decision to settle the lawsuit does not in any way undermine his flat-out denial of the claims. He is happy they got to a mutual settlement and wishes Ms. Ventura the best.”
A statement provided by Ventura's attorney said they had reached a deal "to their mutual satisfaction" on November 17th, but no terms of the agreement were disclosed. An attorney for Combs had said the entertainer "vehemently denies" the allegations.Combs stated, “I wish Cassie and her family all the best. Love.” By reaching an agreement out of court, Diddy avoided new, likely damaging evidence being made available during the process of legal discovery. “Just so we’re clear, a decision to settle a lawsuit, especially in 2023, is in no way an admission of wrongdoing,” Ben Brafman, a lawyer for Diddy, said in a statement on November 20. “Mr. Combs’ decision to settle the lawsuit does not in any way undermine his flat-out denial of the claims. He is happy they got to a mutual settlement and wishes Ms. Ventura the best.”
. “With the expiration of New York’s Adult Survivors Act fast approaching,” Cassie told the Times on November 16, “it became clear that this was an opportunity to speak up about the trauma I have experienced and that I will be recovering from for the rest of my life.” Cassie’s filing mentions the law as well: “Thanks to the passage [of the act in New York and California], she is now ready and able to also confront her abuser, and to hold him and those who enabled his abuse accountable for their actions.”
Court Info
Court: UNITED STATES DISTRICT COURT
CPLR 214-j accomplishes for adult survivors of sexual assault, i.e., persons who were 18 or over at the time they were assaulted, what CPLR 214-g did for plaintiffs who were children (under 18) when they were sexually abused. Called the “Adult Survivors Act,” CPLR 214-j revives claims for sexual assault for a one-year period the begins running November 14, 2022, i.e., “not earlier than six months after, and not later than one year and six months after the effective date” of the new statute (May 14, 2022). (Like its 214-g counterpart, CPLR-j contains a six-month waiting period from the effective date.) The Legislature found the revival warranted because CPLR 213-c's new 20-year statute of limitations for civil actions based on sexual assault applies only to claims arising on or after its effective date (Sept. 18, 2019).—
The District Court, Lewis A. Kaplan, J., held that:the ASA does not violate the Due Process Clause of the New York State Constitution; plaintiff's defamation claim was properly categorized as a claim for libel per se, not slander per se; and plaintiff sufficiently pleaded a claim of libel per se under New York law. Motion to dismiss denied; motion to stay denied as moot. Carroll v. Trump, 650 F. Supp. 3d 213 (S.D.N.Y. 2023)
Sexual Harassment, Gender Discrimination, and Hostile Work Environment under New York State Human Rights Law, N.Y. Exec. Law §§ 290, et seq.
To find a free lawyer to assist you, contact a Legal Services Corporation program in your area.
National Domestic Violence Hotline: 800–799–7233
National Runaway Safeline: 800–786–2929
National Sexual Assault Hotline: 800–655–4673
Suicide Prevention Lifeline: 800–273–8255
SOUTHERN DISTRICT OF NEW YORK
300 Quarropas St, White Plains, NY 10601, United States
300 Quarropas St, White Plains, NY 10601, United States
Case No.: 23-CV-10098
Plaintiff: Cassie Ventura represented by Douglas H. Wigdor, Meredith A. Firetog, Michael J. Willemin of Wigdor, LLP
Defendant: Sean "Diddy" Combs represented by Ben Brafman
Filed: 11/16/2023
Settled: 11/20/2023
Settled: 11/20/2023
Defendant: Sean "Diddy" Combs represented by Ben Brafman
The Law
The Adult Survivors Act
Notwithstanding any provision of law which imposes a period of limitation to the contrary and the provisions of any other law pertaining to the filing of a notice of claim or a notice of intention to file a claim as a condition precedent to commencement of an action or special proceeding, every civil claim or cause of action brought against any party alleging intentional or negligent acts or omissions by a person for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sexual offense as defined in article one hundred thirty of the penal law committed against such person who was eighteen years of age or older, or incest as defined in section 255.26 or 255.27 of the penal law committed against such person who was eighteen years of age or older, which is barred as of the effective date of this section because the applicable period of limitation has expired, and/or the plaintiff previously failed to file a notice of claim or a notice of intention to file a claim, is hereby revived, and action thereon may be commenced not earlier than six months after, and not later than one year and six months after the effective date of this section.
In any such claim or action, dismissal of a previous action, ordered before the effective date of this section, on grounds that such previous action was time barred, and/or for failure of a party to file a notice of claim or a notice of intention to file a claim, shall not be grounds for dismissal of a revival action pursuant to this section.
Carroll v. Trump
Following New York's enactment of the Adult Survivors Act (ASA), a woman brought an action against former President of the United States, Donald Trump, alleging that, when he was a businessman more than two decades earlier, he had raped her in department store's dressing room, and seeking to recover damages and other relief for the alleged assault as well as for common law defamation based on statement that former President posted to social media outlet. Former President filed motions to dismiss and to stay action. The District Court, Lewis A. Kaplan, J., held that:the ASA does not violate the Due Process Clause of the New York State Constitution; plaintiff's defamation claim was properly categorized as a claim for libel per se, not slander per se; and plaintiff sufficiently pleaded a claim of libel per se under New York law. Motion to dismiss denied; motion to stay denied as moot. Carroll v. Trump, 650 F. Supp. 3d 213 (S.D.N.Y. 2023)
Other Laws of the Suit
Sex Trafficking under 18 U.S.C. § 1591, et seq.
Violation of The New York Services for Victims of Human Trafficking, N.Y. Services Law § 483-bb(c)
Violation of the Victims of Gender-Motivated Violence Act, N.Y.C. Admin. Code §§ 10-1101, et seq.
California Civil Code § 52.5
Sexual Assault pursuant to The California Sexual Abuse and Cover Up Accountability Act, California Civil Code of Procedure § 340.16
Sexual Harassment, Gender Discrimination, and Hostile Work Environment under New York City Human Rights Law, N.Y.C. Admin. Code §§ 8-101, et seq.
Help for Victims
National Human Trafficking Resource Center
This is a national anti-trafficking hotline and resource center serving victims, survivors and the anti-trafficking community.Call 1-888-373-7888 (TTY: 711) Text 233733
National Human Trafficking Resource Center
This is a national anti-trafficking hotline and resource center serving victims, survivors and the anti-trafficking community.Call 1-888-373-7888 (TTY: 711) Text 233733
National Runaway Safeline: 800–786–2929
National Sexual Assault Hotline: 800–655–4673
Suicide Prevention Lifeline: 800–273–8255
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