Although most he said/she said cases can be difficult, if not impossible, to prove which side is in the right, when hearing a case against a person for allegedly acting inappropriately, consideration can be given to how strongly the accuser appears to believe what they’re saying, rather than what actually happened.
In the case of the charges David Mueller filed against Taylor Swift, her mother, and one of her managers, Judge William J. Martinez, of the United States District Court in Denver, dismissed the pop star from the complaint.
The allegations involve a meet and greet Swift gave before a concert at the Pepsi Center in Denver, Colorado. Mueller and his girlfriend at the time, Shannon Melcher, posed for a photo with the pop star, at which point Swift claims Mueller put his hand up her dress and onto her bare buttock.
Out of shock and surprise and an unwillingness not to ruin the whole evening for the rest of her fans, Swift did not immediately react. But after her meet and greet was over, she allegedly informed security she had been groped, at which point they escorted Mueller and Melcher out of the building.
Swift’s mother, Andrea Swift, and her manager, Frank Bell, complained to KYGO, the radio station at which Mueller was working as a DJ and earning $150,000 per year. The next day Mueller was fired. He responded by suing Taylor and Andrea Swift, along with Frank Bell, for getting him fired over an alleged groping he insists never happened.
For his side of the story, Mueller said he never intended to touch the singer inappropriately, and that if he did so, it must have been accidental.
But in her testimony, Swift said the violation was prolonged, even when she tried to shift her position. She also confidently testified that she has no doubt about Mueller’s identity as her groper, despite Mueller’s attempts to blame his boss, a long-time acquaintance of Swift’s who allegedly told Mueller the night of the incident that he greeted the star by touching her butt and musing on what she must be wearing underneath her outfit.
Taylor Swift countersued on charges of assault and battery.
In Judge Martinez’s recent decision in the case, he dismissed Taylor Swift as a defendant in Mueller’s lawsuit, saying it was clear Swift honestly believed the alleged groping happened, and given that belief, she had not acted inappropriately. Swift smiled broadly at the news, but her mother and her manager still have to defend their actions in front of a jury.
In addition to Swift’s testimony, the court also heard testimony from Melcher, who is no longer dating Mueller, but says she is still friends with him. She testified she had never seen him touching women inappropriately, but that she was not in a position on the night of the incident to witness whether or not Mueller had groped the pop star.
Greg Dent, a former security guard for Swift, also testified at the trial, saying he clearly saw Mueller put his hand on Swift’s bottom, but that, while clearly a violation, he did not see it as a dangerous situation and so did not intervene.Super Lawyers named Illinois commercial law trial attorneys Peter Lubin and Vincent DiTommaso Super Lawyers and Illinois business dispute attorneys Patrick Austermuehle and Andrew Murphy Rising Stars in the Categories of Class Action, Business Litigation, and Consumer Rights Litigation. DiTommaso Lubin Austermuehle’s Illinois business trial lawyers have over thirty years of experience in litigating complex class action, copyright, non-compete agreement, trademark and libel suits, consumer rights and many different types of business and commercial litigation disputes. Our Naperville and Lake Forest business dispute lawyers, civil litigation lawyers and copyright attorneys handle emergency business law suits involving copyrights, trademarks, injunctions, and TROS, covenant not to compete, franchise, distributor and dealer wrongful termination and trade secret lawsuits and many different kinds of business disputes involving shareholders, partnerships, closely held businesses and employee breaches of fiduciary duty. We also assist businesses and business owners who are victims of fraud. You can contact us by calling (630) 333-0000 or our toll-free number (877) 990-4990. You can also contact us online here.