A California judge has dismissed Nigel Lythgoe as a defendant in a sexual assault lawsuit filed by two former contestants of the reality game show All American Girl. Los Angeles County Superior Court Judge Shirley K. Watkins ruled that the two Jane Doe plaintiffs, who jointly filed the lawsuit in January, do not qualify for revival of their claims under the law cited in their complaint.
The plaintiffs alleged that Lythgoe, the executive producer of the show, forcibly groped and kissed them in 2003. They filed their lawsuit under The Sexual Abuse and Cover Up Accountability Act, a California statute that allows plaintiffs to file time-barred claims of sexual abuse involving corporate entities who helped conceal the abuse.
However, Judge Watkins determined that the specific subdivision of the law cited by the plaintiffs is inapplicable to Lythgoe as it applies to corporate entities only. She issued her ruling “without leave to amend,” effectively barring the plaintiffs from adding Lythgoe back to the complaint. The lawsuit will now proceed with an unidentified “Roe” production company as the sole defendant.
Lythgoe expressed relief at the court’s decision, stating, “Today was a good day. We’ve always said that these claims were meritless and now the Court has agreed. I hope and expect that this will be the first of many similar wins as I continue to fight to clear my name.”
During the hearing, the plaintiffs’ lawyer, Sahar Malek, attempted to persuade the judge to leave the door open for a future amendment, citing a pending legislation known as Assembly Bill 2587. This proposed law aims to amend The Sexual Abuse and Cover Up Accountability Act to allow individuals to revive claims against individuals in cases involving alleged cover-ups. However, Lythgoe’s lawyer, Amitabh Banerji, argued against considering pending legislation that may not pass.
Judge Watkins agreed with Banerji, stating that she would not base her decision on hypothetical situations. She suggested that if the proposed legislation is passed and is retroactive, the plaintiffs could decide their course of action at that time.
The dismissal of Lythgoe as a defendant comes after Paula Abdul, another former host of American Idol and So You Think You Can Dance, filed a lawsuit against Lythgoe and the production companies behind the shows, alleging sexual harassment and assault. Abdul reached tentative settlement agreements with the production companies, but Lythgoe vehemently denied the allegations.
Three additional Jane Doe plaintiffs have also filed lawsuits against Lythgoe, citing the revival window opened by California’s Sexual Abuse and Cover Up Accountability Act. These lawsuits include allegations from 2009 onwards and are not affected by the recent ruling.
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Do you think the dismissal of Nigel Lythgoe as a defendant in the sexual assault lawsuit is a setback for the #MeToo movement, or is it a reflection of flaws in the legal system?