The US court dismissed the case because it had no standing to hear it, not because there was no merit in it.And from February
US judges dismiss lawsuits accusing Neil Gaiman of sexual assault
Former nanny Scarlett Pavlovich filed suit in three US states alleging author assaulted her in New Zealand in 2022www.theguardian.com
I don't think there is any active case in NZ. If anyone knows otherwise please tell us.
www.rnz.co.nz
So, although "the ball is in her court" as they say, her public statements seem to indicate that she doesn't intend to bring a case in NZ because 'New Zealand "offered her no remedy at all"'.
No, he hasn't 'won' his legal case because it wasn't heard.
Update:
Judge Dismisses Gaiman Lawsuit - Locus
A Wisconsin judge has dismissed the lawsuit filed by Scarlett Pavlovich against Neil Gaiman and his estranged spouse Amanda Palmer, with charges including human trafficking, assault and battery, infliction of emotional distress, and negligence, on procedural grounds. The judge writes that while...locusmag.com
"A Wisconsin judge has dismissed the lawsuit filed by Scarlett Pavlovich against Neil Gaiman and his estranged spouse Amanda Palmer [...] on procedural grounds."
He says:
"The only connection that Wisconsin or the United States has with this lawsuit is that Gaiman has a residence in this state and he may live here currently. […] Under these circumstances, it is clear that New Zealand is the more appropriate forum for resolving this dispute, so the court will dismiss the case without prejudice. If Pavlovich sues Gaiman in New Zealand, and he refuses to accept service there, Pavlovich may move to reopen this case."
For now he has had it dismissed in the US, albeit without prejudice. The judge said (quoting your post above) "If Pavlovich sues Gaiman in New Zealand, and he refuses to accept service there, Pavlovich may move to reopen this case." So apparently the only way that it would be heard in the US is if Gaiman "refuses to accept service" in NZ, not if he agrees to accept service but the case is dismissed on other legal grounds.
So we'll see. The ball's in her court, as they say.
Is there even a case in New Zealand?
www.rnz.co.nz
Well, there were two other cases dismissed since then, and then an appeal against those decisions since then, though the overall situation is largely unchanged.
Sadly this includes the situation with canceling Amanda Palmer, which also remains unchanged.
Why not explain what is wrong with the article?
There is certainly a stretch of extra-territoriality. A NZ citizen suing a UK citizen for events in NZ in a US court. This seems to be what the US government complains about with the ICC! I guess all Gaiman needs to do is sell his house and there would be no even vague grounds of US jurisdiction. The justification for the case against the wife is slightly greater, as a US citizen*, but would also seem an over stretch. The case should clearly be brought in NZ, but my guess is there aren't vulture law firms in NZ and damages would be less.
I don't think so, but I did find the decision of the court of appeals, which recounts the allegations.
Because he hasn't read the article so he doesn't know what it says. He's just screeching about the messenger because that's the leftie way.
Presumably the same thing applies in a civil case in the US? The complainant has to prove on the balance of probability that the events happened and harm resulted. I guess the major difference was she had a US law firm that agreed to take on the case 'pro bono' for a share of the damages (usually >30%), and US damages can include punitive damages which makes them much greater than simple compensation for harm done. which is what she would get in NZ. My guess is they hoped to force a deal / NDA rather than forcing Gaiman through the high cost of a US trial. An NZ court case is likely cheaper, so easier for Gaiman to fight.
In the US, everyone pays their own costs
Not much cheaper. Its still a huge risk
You are so right, any woman who claims to have been raped and does not persue the fullest legal battles about it is a liar. ANd all those BS stats about rape victims not coming forword more liars clearly.I don't think there is any active case in NZ. If anyone knows otherwise please tell us.
I did find this:
Dismissal of lawsuit against author Neil Gaiman upheld, court says case should be heard in New Zealand
The dismissal of a US lawsuit accusing author Neil Gaiman of sexually assaulting his child's nanny in Auckland four years ago has been upheld.
So, although "the ball is in her court" as they say, her public statements seem to indicate that she doesn't intend to bring a case in NZ because 'New Zealand "offered her no remedy at all"'.
The writer.
Of course I said nothing of the sort and you're attacking a strawman.
