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The lawyer representing Xavien Howard has filed a motion in Broward County, Fla., to dismiss a lawsuit claiming the Miami Dolphins cornerback made a sex tape with a woman and then disseminated it.
Howard vigorously denies the allegation and so attorney Bard Sohn on Monday moved on behalf of his client to get the case thrown out of civil court. Sohn previously was successful in convincing another woman who claimed in a suit Howard had passed an STD to her, to drop that lawsuit.
“After Mr. Howard declined to pay an anonymous accuser presumably millions of dollars, his accuser has brought infirm and unsalvageable legal claims, which should be dismissed with prejudice,” the motion reads. “Plaintiff Jane Doe (“Ms. Doe”) paradoxically sues Mr. Howard for (a) invading her privacy by allegedly “publishing” a single text message to one third party, and (b) specifically intending to inflict emotional distress on Ms. Doe from this one text message to one third party.
“Mr. Howard’s name has already been trashed in the press, while his accuser — replete with
a felony arrest record and other troubled history — has decided on her own, and absent any legal
entitlement to do so, that she can remain anonymous and immune from similar scrutiny.”
Xavien Howard Suit Part of Strange Situation
The motion continues:
“Her anonymous lawsuit is not compliant with the Florida Rules of Civil Procedure, wildly at odds with due process, and further creates the practical problem of one-sidedly prejudicing the public and a
potential jury pool.”
And now for some weird stuff.
The plaintiff is requesting a trial for invasion of privacy. She claims the woman who sued Howard for passing on an STD to her acquired the sex video via text.
And then the woman who previously sued Howard on the STD allegation texted the video to Jane Doe.
“Ms. Doe’s central factual allegation — that Mr. Howard purportedly sent one text message to one third party — does not give rise to actionable claims,” the motion to dismiss reads. “Florida invasion-of-privacy law unequivocally requires that “publication” occur to either the public at large or to a large number of people, which by Ms. Doe’s own account did not happen.”
Dolphins CB Stalked?
It gets more interesting…
The woman who previously sued Howard for the STD issue and then dropped the lawsuit subsequently was arrested.
The reason for the arrest is she allegedly broke into the gated community where Howard lives and took a bat to one of Howard’s cars. The woman destroying Howard’s Bentley SUV was caught on a surveillance camera.
Felony charges are pending a court hearing against that woman.