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Jay-Z Rehearing Bid Denied in Buzbee Defamation Case

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Jay-Z performs onstage under blue lighting.
Image source: Photographer Daniele Dalledonne, via Wikimedia Commons

A California appeals court has denied Jay-Z's bid to rehear his extortion and defamation case against Texas attorney Tony Buzbee and Buzbee's law firm, leaving intact the appellate ruling that upheld dismissal of the rapper's claims.

The October 1 order denied Shawn Carter's September 24 rehearing petition and modified the court's earlier opinion without changing its judgment, Bloomberg Law reported. The added language says the opinion does not prevent the Los Angeles trial court from allowing discovery or reconsidering its prior ruling if it determines new evidence warrants that step.

Carter's rehearing request followed a sworn declaration from the woman who had accused him, under the pseudonym Jane Doe, in a now-dismissed federal sexual-assault lawsuit. The woman later recanted her allegation against Carter. Carter argued the development supported reopening his civil claims against Buzbee, which accused the lawyer and his firm of extortion, defamation and related wrongdoing.

The Court of Appeal's September decision had affirmed the trial court's anti-SLAPP dismissal. In that ruling, the panel found that Buzbee's pre-litigation communications were protected and that Carter had not shown a probability of prevailing on the claims at that stage. The appellate court's latest order does not revive Carter's case, but it preserves the possibility that the trial court could consider whether later evidence merits further proceedings.

Buzbee has disputed Carter's characterization of the dispute and has maintained that sending a demand letter before filing suit is protected litigation activity, a position reflected in the appellate court's September ruling. The original sexual-assault lawsuit against Carter was voluntarily dismissed; the appeals ruling does not decide whether the underlying accusation was true.

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Source: California Court of Appeal decision, Carter v. The Buzbee Law Firm, No. B347898

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Rachel Schmeidler

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