BOSTON (Reuters) – A sovereign appeals justice on Wednesday deserted a bid to revitalise a insult lawsuit opposite Bill Cosby by an singer who pronounced a hostess raped her in 1974 and afterwards called her a liar after she done her accusations open in a journal interview.
The lawsuit, filed by Kathrine McKee, revolved around a minute that an profession for Cosby sent New York’s Daily News in 2014 as a call of women was entrance brazen to credit a comedian of a fibre of passionate assaults dating behind to a 1960s.
The government of stipulations on a purported crimes had prolonged expired, heading some accusers to pursue polite lawsuits, such as McKee‘s. The lawsuits and accusations by dozens of women cracked a family-friendly repute Cosby built in a career highlighted by his purpose in a 1980s radio strike “The Cosby Show.”
Cosby, 80, has denied wrongdoing, observant any encounters with his accusers were consensual. He is available an Apr retrial in Pennsylvania on charges he intimately assaulted a former basketball manager during his alma mater, Temple University.
McKee argued in her fit that a attorney’s minute to a journal called her a liar by observant a essay was ”defamatory, characterizing her claims as “wild” and suggesting she had a rapist record.
But a 1st U.S. Circuit Court of Appeals in Boston stood by a lower-court statute that a hostess could not be sued over a letter.
The preference found that McKee had done herself a open figure by wading into a debate with Cosby, rejecting her explain that her brawl with a hostess was a private one. As a open figure, McKee would have to infer that Cosby acted with malice in his response.
“The web of passionate attack allegations implicating Cosby, an internationally eminent comedian ordinarily referred to as ‘America’s Dad,’ constitutes a open controversy,” U.S. Circuit Judge Sandra Lynch wrote for a three-judge panel.
William Salo, McKee’s attorney, pronounced he disagreed with a preference and might appeal.
“They’re observant only since a famous chairman rapes you, we turn a open figure if we protest about it,” he said.
Alan Greenberg, a counsel for Cosby, welcomed a ”well-reasoned preference confirming that there was no defamation.”
McKee sued Cosby in 2015, a year after a Nevada proprietor told a journal he raped her in a Detroit hotel room in 1974.
Reporting by Nate Raymond; Editing by Scott Malone and Peter Cooney