Garth Brooks wants to take his sexual assault case to federal court. How might this benefit the singer?

Correction: An earlier version of this story incorrectly stated the number of jurors required to return a verdict in California state and federal court cases.

Lawyers for Garth Brooks are trying to consolidate two lawsuits he was a part of regarding the same controversial allegations — whether he sexually assaulted his hair and makeup artist in 2019.

Brooks’ lawyers filed a motion to move on November 1 sexual assault case filed against him He was transferred from California state court to federal court and was assigned to a federal judge on Friday.

That same day, Brooks’ attorneys asked U.S. District Judge Michael W. Fitzgerald to dismiss his accuser’s allegations and order him to refile them in federal court in Mississippi — where Brooks previously sued the woman and claimed she blackmailed him — or at least At least it paused the hearing. California case until the Mississippi case is resolved.

Brooks’ former makeup artist sued him in October Under the pseudonym “Jane Roe” and alleged that Brooks raped and sexually assaulted her in 2019. Roe alleges the rape occurred while she was traveling to Los Angeles with Brooks for a Grammy tribute performance.

Brooks filed a lawsuit under the name John Doe in Mississippi federal court on Sept. 13, asking a judge to preemptively declare sexual harassment allegations against him false.

Brooks’ lawyers argue that it would be more efficient for the conflicting claims to be heard in the same court.

“(If) Brooks is successful in the Mississippi Case by proving that Roe’s assault allegations are false, Roe will not win this case because it would require him to prove the exact same allegations are true,” Brooks’ attorneys wrote. “The parties should not be required to conduct overlapping discovery simultaneously here and in the Mississippi Litigation. And this Court should not be forced into a race with the Southern District of Mississippi to decide critical factual issues involving both cases.”

The Tennessean, part of the USA TODAY Network, requested comment from Brooks’ attorneys. There was no immediate response by phone or email.

According to Jane Roe’s lawyers, Brooks’ efforts to move the case are an intimidation tactic.

“This is just more of the same bullying and intimidation that Garth Brooks used from the moment he learned that our client intended to hold him accountable,” said Jeanne M. Christensen, the attorney representing Jane Roe. “We look forward to appearing before the jury.” and get to the bottom of this case.

Brooks denied the allegations against him and said Roe was blackmailing him. And he is seeking damages for defamation and emotional distress.

Brooks recently announced the final shows of his sold-out concert. Garth Brooks/Plus One residency It was to be in March at the Colosseum at Caesars Palace in Las Vegas. His next performance in Vegas is in December.

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Why did Garth Brooks take his case to federal court?

Brooks’ attorneys wrote Friday that they want to file the lawsuit Brooks filed against him and the lawsuit Brooks filed against him in the same court. Presumably the move of his accuser’s case against him from California state court to federal court in California brought them closer to doing so.

There are other strategic reasons why Brooks’ team chose to take the case against him to federal court, he says Kate MangelsPartner at Los Angeles law firm Kinsella Holley Iser Kump Steinsapi.

Even though the California and Mississippi cases are not handled in the same docket, they are now “both subject to federal rules, so there is more consistency between those cases.”

Mangels also said it’s thought the federal court would move more quickly, judges would be able to dismiss cases more quickly and the jury pool could be drawn from a larger geographic area. “You could have a more rural jury pool, which Garth Brooks’ attorneys think would be kinder to him,” he said.

In civil cases in California state court, only three-quarters of the jury needs to agree to reach a verdict, Mangels said. In civil cases in federal court, the jury must be unanimous.

Mangels said it’s possible Roe could try to send the case back to state court, but Roe’s team would need to make a strong showing why the case would be better suited in state court.

Garth Brooks’ accusations: This news is a great disappointment and an important reminder.

What has happened in the Garth Brooks and Jane Roe cases since the initial trials?

After Jane Roe went public with her allegations and the case, Brooks’ team named her accuser in a document in late October. USA TODAY generally does not name alleged victims of sexual assault.

Brooks’ legal team says his accuser’s lawyers reported Brooks to CNN Before the Mississippi court decided whether Brooks could continue the case under the alias John Doe and “short-circuited the judicial process.”

Because Roe filed the lawsuit in California, publicly named Brooks, and “Roe was willing to move forward with this case under his name,” Brooks amended his complaint to include his accuser’s real name, the complaint said.

Roe’s team responded by imposing sanctions on Brooks for disclosing his name and also filed an emergency request to have his name redacted or the amended complaint sealed.

“By revealing our clients’ names, Brooks is engaging in the kind of retaliatory and abusive behavior that forces victims of sexual assault to remain silent,” a representative from Roe’s team said in an Oct. 1 email to The Tennessean, part of the USA TODAY network. he said. 9.

on October 18 Lawyers representing Brooks and his accuser met in Mississippi According to the Clarion Ledger, Thad Cochran was at the United States Courthouse “to defend his positions on two court motions that were at times viewed by both sides as an attack on their clients.” The judge did not make a decision at that time.

Audrey Gibbs is the music reporter for The Tennessean. You can reach him at [email protected].

This article first appeared in the Nashville Tennessean: Garth Brooks case: What federal judge appointment could mean for case