Suits and Litigation (Civil)

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      Vanessa Bryant Settles Helicopter Crash Photos Lawsuit for $28.85 Million

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      Bryant, the widow of the basketball star Kobe Bryant, sued Los Angeles County after some of its employees shared graphic photos of the crash that killed her husband and one of their daughters.Los Angeles County agreed to pay Vanessa Bryant and three of her daughters nearly $30 million to settle a lawsuit and potential claims over the sharing of graphic photos of the January 2020 helicopter crash that killed Bryant’s husband, the basketball star Kobe Bryant, and one of their daughters, according to a court filing on Tuesday. The settlement includes $15 million a jury awarded Vanessa Bryant in August, with additional funds to settle potential claims from her daughters.“Today marks the successful culmination of Mrs. Bryant’s courageous battle to hold accountable those who engaged in this grotesque conduct,” Luis Li, Bryant’s lawyer, said in a statement. “She fought for her husband, her daughter, and all those in the community whose deceased family were treated with similar disrespect. We hope her victory at trial and this settlement will put an end to this practice.”On Jan. 26, 2020, Kobe Bryant, 41, and his daughter Gianna Bryant, 13, were in a helicopter with seven other people when it crashed in foggy conditions outside Los Angeles, killing all on board. Soon after, Vanessa Bryant learned that some employees of the county’s fire and sheriff’s departments had shared graphic photos of human remains from the crash. She sued for negligence and invasion of privacy in September 2020 and won at trial in August, providing a rare and expensive public admonition of some of Los Angeles’ most powerful institutions.The Los Angeles County Board of Supervisors agreed to pay Bryant’s family $28.85 million to settle Bryant’s lawsuit and potential future claims by Bryant and her daughters: Natalia, 20, Bianka, 6, and Capri, 3. The jury in August awarded Bryant $16 million, which was later reduced by $1 million because of a clerical error.In a statement, Mira Hashmall, the lead trial counsel for Los Angeles County in Bryant’s case, called the settlement “fair and reasonable” and said all county-related litigation from the crash had been resolved.“We hope Ms. Bryant and her children continue to heal from their loss,” Hashmall said.Kobe Bryant, who starred for the Los Angeles Lakers for 20 years before retiring in 2016, was on his way to coach Gianna’s basketball team at his Mamba Sports Academy in Thousand Oaks, Calif., when they boarded the helicopter on the day of the crash. The pilot, Ara Zobayan, became disoriented in the clouds and crashed into a hill near Calabasas, Calif., killing all nine people on board.In a deposition for her lawsuit, Vanessa Bryant said Rob Pelinka, the Lakers’ general manager and Kobe Bryant’s former agent, drove her later that morning to a sheriff’s station in Malibu, near the crash scene.Alex Villanueva, who was the Los Angeles County sheriff at the time, confirmed the deaths and asked Bryant if he could do anything for her, she said.“And I said: ‘If you can’t bring my husband and baby back, please make sure that no one takes photographs of them. Please secure the area,’” Bryant said during the deposition. “And he said: ‘I will.’ And I said: ‘No, I need you to get on the phone right now and I need you to make sure you secure the area.’”Bryant testified at trial that she learned from a Los Angeles Times report that a Los Angeles County sheriff’s deputy had showed photos of the crash at a bar. The existence of the photos, Bryant said, compounded the tragedy.“I live in fear of my daughters being on social media and these popping up,” Bryant testified.The pictures were primarily shared between employees of the Los Angeles County sheriff’s and fire departments.Lawyers for the county acknowledged that the photos were taken and shared, but argued that an immediate order to delete them kept them from being publicly disseminated.At the trial, the jury also awarded $15 million to Chris Chester, who joined the suit because his wife Sarah, 45, and daughter, Payton, 13, were killed in the crash. Los Angeles County agreed to pay the Chester family an additional $4.95 million to resolve any future claims.Two other families separately settled with the county over the photos for $1.25 million each in October 2021.Li previously said that Bryant would donate the proceeds from the lawsuit to her Mamba & Mambacita Sports Foundation, which honors Kobe and Gianna Bryant. More

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      PGA Tour Can Depose Saudi Wealth Fund’s Leader, Judge Rules

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      The decision in a case involving the LIV Golf series could reveal details of the operations of Saudi Arabia’s Public Investment Fund.A federal magistrate judge has ruled that the leader of Saudi Arabia’s sovereign wealth fund, which has bankrolled the new LIV Golf series, must sit for a deposition by lawyers for the PGA Tour who sought his testimony as part of the tangle of litigation involving the sport-splitting circuit.The decision, released on Thursday night in California after an interim legal skirmish that dealt with questions of sovereign immunity and the reach of Saudi law, could reveal details of the wealth fund’s operations and the power of its governor, Yasir al-Rumayyan, over its investments abroad.The wealth fund is expected to ask a federal judge in San Jose, Calif., to review the decision by the magistrate judge, Susan van Keulen, who is helping oversee the bitter legal clash between the PGA Tour and LIV Golf.In her 58-page ruling, portions of which were redacted in the version that became public late Thursday as the sides jousted about its confidentiality, van Keulen wrote that it was “plain” that the wealth fund was “not a mere investor in LIV.”Instead, the judge wrote, the wealth fund was “the moving force behind the founding, funding, oversight and operation of LIV.” Al-Rumayyan, she wrote elsewhere in her order, “was personally involved in and himself carried out many” of the wealth fund’s activities to create and develop LIV.A Guide to the LIV Golf SeriesCard 1 of 7A new series. More

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      Spurs Psychologist Sues Joshua Primo, Saying He Exposed Himself to Her

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      A sports psychologist for the San Antonio Spurs sued Joshua Primo and the team, saying the Spurs did not protect her after she complained to senior executives.A sports psychologist who worked for the San Antonio Spurs said in a lawsuit filed Thursday that Joshua Primo, a former lottery draft pick of the Spurs, repeatedly exposed himself to her during treatment sessions and that the team did not protect her and others after she reported his conduct.Dr. Hillary Cauthen, a licensed clinical psychologist who was contracted by the team in September 2021, said Primo first exposed his penis to her in December 2021. She asked for a meeting with Spurs General Manager Brian Wright, according to her complaint, but didn’t get one until March 2022. She was then asked to continue working with Primo, who again exposed himself to her in another session, according to a copy of her lawsuit, which was provided by her lawyer, Tony Buzbee.The filing was not immediately available from the court, but the clerk’s office in Bexar County, Texas, where San Antonio is located, confirmed that Dr. Cauthen filed a lawsuit against Primo and the Spurs on Thursday.Primo’s lawyer, William J. Briggs II, said in a statement that Primo “never intentionally exposed himself” to Dr. Cauthen or any other person. Primo was not aware his genitals were visible outside of his workout shorts, Briggs said, and Dr. Cauthen did not tell him they were.“Dr. Cauthen’s allegations are either a complete fabrication, a gross embellishment or utter fantasy,” Briggs said.The Spurs said in a statement: “We disagree with the accuracy of facts, details and timeline presented today. While we would like to share more information, we will allow the legal process to play out.”An N.B.A. spokesman said, “We are aware of the allegations and are monitoring the situation.”The Spurs cut Primo, the No. 12 pick in the 2021 N.B.A. draft, last Friday. The team did not explain the reasons behind the sudden move, which came five games into the season and two weeks after the team exercised the third-year option in Primo’s contract, guaranteeing his $4.3 million salary for the 2023-24 season.Buzbee, who represented two dozen women who accused N.F.L. quarterback Deshaun Watson of harassment and lewd conduct in massage appointments, said in a news conference Thursday that he and Dr. Cauthen were trying to resolve the issue privately and wanted the Spurs to put in place formal protocols for handling complaints like Dr. Cauthen’s. They filed a lawsuit against Primo and the Spurs after anonymously sourced news reports said that Primo was released because he exposed himself to multiple women.Dr. Hillary Cauthen at a news conference on Thursday.via KSAT PlusAccording to the copy of her lawsuit, Dr. Cauthen had multiple meetings with members of the Spurs organization, including Wright, the deputy general counsel and the head of human resources, after she complained about Primo’s conduct. The team promised to conduct an investigation but did not take immediate steps to discipline Primo or ensure she did not have to interact with him, Dr. Cauthen said.The team suggested she work from home and later told her to “sit out” traveling with the Spurs during the 2022 Summer League in Las Vegas after she said she was frustrated with the team’s inaction, her lawsuit said. Dr. Cauthen, who co-owns an Austin-based performance and psychological services company, said she was not retained by the Spurs when her contract came up for renewal in August.“The organization I worked for has failed me,” Dr. Cauthen said at the news conference. “I spoke up. I asked for help.”Buzbee said Dr. Cauthen will also file a criminal complaint in Bexar County, accusing Primo of multiple counts of indecent exposure.Primo was placed on waivers last weekend, which gave other teams the chance to claim him. No team did, and Primo became an unrestricted free agent.In a statement announcing that the team was waiving Primo, R.C. Buford, the chief executive of Spurs Sports & Entertainment, said, “It is our hope that, in the long run, this decision will serve the best interest of both the organization and Joshua.” Spurs Coach Gregg Popovich declined to comment to reporters at the time.Until Dr. Cauthen’s lawsuit was filed, neither Primo nor the Spurs had directly addressed the reasons for his release. In a statement to ESPN last Friday, Primo said he had been seeking help to deal with “previous trauma” and would be focusing on his mental health treatment after his release.Buzbee called the public statements made by Primo and the Spurs “complete farces” and said they did not reflect what happened. Dr. Cauthen said she was “disheartened” by the situation.“It took the Spurs 10 months to do the right thing,” Dr. Cauthen said of the decision to waive Primo. “That’s too long.” More

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      PGA Tour Accuses LIV Golf of Interfering With Its Contracts

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      The PGA Tour filed a counterclaim against the breakaway, Saudi-backed LIV Golf series, which has accused the tour of antitrust violations.The PGA Tour filed a countersuit against LIV Golf on Wednesday, the latest turn in a winding legal battle between the tour and the Saudi-backed circuit that has drawn a number of top players.In its counterclaim, the PGA Tour, which LIV is suing for antitrust violations, said the upstart series had “tortiously interfered” with the tour’s contracts with golfers who had left to join LIV. It added that LIV had “falsely informed” its players that they could break their contracts with the tour “for the benefit of LIV and to the detriment of all tour members.”“Indeed, a key component of LIV’s strategy has been to intentionally induce tour members to breach their tour agreements and play in LIV events while seeking to maintain their tour memberships and play in marquee tour events like The Players Championship and the FedEx Cup Playoffs, so LIV can free ride off the tour and its platform,” the PGA Tour said in its counterclaim.The PGA Tour, which declined to comment on Thursday, asked for a trial by jury, which was set for January 2024. The tour also seeks damages for any lost profits, “damages to reputational and brand harm” and other legal costs.In a statement on Thursday, LIV said the PGA Tour “has made these counterclaims in a transparent effort to divert attention from their anti-competitive conduct, which LIV and the players detail in their 104-page complaint.”A Quick Guide to the LIV Golf SeriesCard 1 of 6A new series. More

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      Read Los Angeles County’s Trial Brief in the Bryant Case

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      Case 2:20-cv-09582-JFW-E Document 367 Filed 08/03/22 Page 16 of 22 Page ID #:31186

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      such as “high speed police chases”—the more demanding “purpose to harm” standard applies. Id. at 1137. When the officer’s conduct is more akin to negligence, courts have found such conduct insufficient to “shock the conscience.” For example, in Jones v. Jinparn, No. C 19-02817 SBA, 2020 WL 999806, at *4 (N.D. Cal. Mar. 2, 2020), the plaintiffs alleged that a police officer failed to make reasonable efforts to contact the decedent’s heirs before releasing the body for cremation. The court there reasoned that the officer’s conduct “sounds, at most, in negligence.” Id. at *5. “The Due Process Clause serves to protect the individual from the abuse of governmental power” and thus is not implicated by a negligent act. Id. By contrast, in Shelley v. County of San Joaquin, 996 F. Supp. 2d 921 (E.D. Cal. 2014), plaintiffs, who were the decedent’s family members, alleged that defendants violated their right to privacy by engaging in large-scale digging to exhume the decedent’s remains, which caused the remains to be “chewed up, pulverized, destroyed, crushed and commingled with other unknown murder victims” in the presence of the decedent’s mother and before news media. Id. at 931. The court concluded such conduct was likely to cause the family “profound grief” and therefore shocks the conscience. Id. (citation omitted). Here, the officers’ conduct at issue is more akin to that in Jones than in Shelley. First, with respect to the taking and internal sharing of photos among County personnel, the evidence will show that site photography at an incident is both appropriate and common practice in both the Fire and Sheriff’s Departments. Such photos are used, among other things, to provide intel, to assess the progress of an incident response, and to facilitate training post-incident. Indeed, some of the photos taken by County personnel here were shared with the NTSB to assist them in their investigation of the crash. With respect to Plaintiffs’ allegations that photos were shared with people outside the County or outside the confines of County business, Plaintiffs’ case is

      570887.2 11 DEFENDANTS’ TRIAL BRIEF More

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      Vanessa Bryant Is Suing L.A. County Over Kobe Bryant Crash Photos: What to Know

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      Bryant, whose husband and daughter died in a 2020 helicopter crash, said county employees shared photos of human remains from the crash, causing her emotional distress.Vanessa Bryant, the wife of the late basketball star Kobe Bryant, is expected to testify at a trial this week after she sued Los Angeles County and some of its agencies and employees for sharing photos of human remains from the helicopter crash that killed her husband and daughter.The January 2020 crash killed Mr. Bryant, his 13-year-old daughter Gianna and seven others as they traveled to a youth basketball tournament at Mr. Bryant’s academy in Thousand Oaks, Calif., northwest of Los Angeles.Mr. Bryant, 41, joined the N.B.A. out of high school, spending his entire 20-year professional career with the Los Angeles Lakers. He won five championships and retired in 2016 as one of the N.B.A.’s top career scorers and one of the world’s most popular sports figures.In her lawsuit, Mrs. Bryant accused Los Angeles County sheriff’s deputies and fire department employees of negligence and invading her privacy by sharing crash photos “without any legitimate purpose.”From left to right, Kobe Bryant, Gianna Bryant, Vanessa Bryant and Natalia Bryant in November 2017. Kobe and Gianna were killed in a helicopter crash in 2020.Reed Saxon/Associated PressMrs. Bryant said she “has suffered (and continues to suffer) severe emotional distress” and that she feared that the photographs would appear online.“I do not want my little girls or I to ever have to see their remains in that matter,” Mrs. Bryant said during a deposition in October 2021. “Nor do I think it’s right that the photographs were taken in the first place because it’s already tough enough that I have to experience this heartache and this loss.”Mrs. Bryant has three other daughters with Mr. Bryant: Capri, 3; Bianka, 5; and Natalia, 19.Officials with Los Angeles County and the sheriff’s and fire departments have acknowledged that photos were shared, but said they were deleted.The trial began Aug. 10. Here is what else to know about Mrs. Bryant’s lawsuit.What caused the crash?More than a year after the crash, the National Transportation Safety Board determined that the pilot’s “poor decision” to fly at excessive speeds in foggy weather was the probable cause of the accident. The pilot, Ara Zobayan, was among those killed in the crash.[Read the 86-page final investigation report from the N.T.S.B., which includes a six-page executive summary.]The safety board found that Mr. Zobayan had become so disoriented in the clouds that he thought he was ascending when he was turning left just before the helicopter crashed into a hill near Calabasas, Calif.The board also faulted the charter company, Island Express Helicopters, for “inadequate review and oversight of its safety management processes.”Read Vanessa Bryant’s LawsuitBryant accused Los Angeles County and some of its agencies and employees of negligence and invasion of privacy for sharing photos of human remains at the helicopter crash that killed her husband and daughter.Read Document 41 pagesWho saw the photos? Where are the photos now?In a January court filing, Mrs. Bryant’s lawyers said close-up pictures of Mr. Bryant’s and Gianna Bryant’s remains “were passed around on at least 28 Sheriff’s Department devices and by at least a dozen firefighters,” including at a bar and an awards gala. In her lawsuit, Mrs. Bryant claimed that social media users had said they had seen the photos.Mrs. Bryant named four sheriff’s deputies in her lawsuit and accused them of sharing the photos with each other, other deputies or family members. The Los Angeles Times reported in February 2020 that one of the deputies — identified as Joey Cruz in Mrs. Bryant’s lawsuit — showed the photos at a bar, prompting a bar patron to file a complaint with the sheriff’s department.Emily Tauscher, a captain at the Los Angeles County coroner’s office, testified at trial that after the crash Mr. Bryant was identified by his skin tone and arm tattoos.Los Angeles County and law enforcement officials have said that the photos were deleted and never “made it into the public arena.”What has been the county’s response to the lawsuit?Lawyers representing Los Angeles County said that taking photographs of fatal crime and accident scenes was a common practice for investigative and information-sharing purposes.“The County continues to express its deepest sympathies for the families that suffered this terrible loss,” Mira Hashmall, the lead outside counsel for the county, said in a statement. “The County has also worked tirelessly for two and half years to make sure its site photos of the crash were never publicly disseminated. The evidence shows they never were. And that is fact, not speculation.”The county has not called any witnesses yet, but in a court filing its lawyers are pushing to include some of Mrs. Bryant’s Instagram posts at trial to counter her claims of severe emotional distress caused by the shared photos. Mrs. Bryant’s lawyers have said her posts on Instagram, where she has 15.5 million followers, are not relevant to this case.The disputed posts include Mrs. Bryant and her family on vacations. Mrs. Bryant also shared images of herself dressed as the Disney character Cruella de Vil from the “101 Dalmatians” movie franchise.“Plaintiff’s emotional state is at the center of this case, and there is little more revealing of Plaintiff’s emotional state than her own words about her life, sadness, the targets of her anger, her activities, and other stressors that could contribute to any emotional distress,” the county said in a court filing this month about trial exhibits.The Bryant family at Kobe Bryant’s jersey retirement ceremony in December 2017. Kobe Bryant spent 20 seasons with the Los Angeles Lakers.Allen Berezovsky/Getty ImagesWhat has happened so far during the trial?The trial, as anticipated, has been emotional.Mrs. Bryant wept during the opening statements made by her lawyer, Luis Li.The accounts provided by emergency medical workers who took graphic photographs are conflicting. Brian Jordan, a retired fired captain who said he was ordered to take photos of the crash scene, left the witness stand three times because he needed breaks to finish his testimony.“I do not remember what I took pictures of,” Jordan testified. “The way the whole scene looked, it’s going to haunt me forever.”Deputy Rafael Mejia, who is named in the lawsuit, testified he received 15 to 20 photographs from another deputy the day of the crash. He said he sent about 10 of the pictures to two deputies, including Joey Cruz, who later would share them in public with a bartender. Mejia expressed regret over sharing the photos, saying, “Curiosity got the best of us.”Cruz testified that he made a “misjudgment” when he shared the photos.Lakers General Manager Rob Pelinka, who was Gianna Bryant’s godfather and had been Mr. Bryant’s agent before becoming a team executive, detailed his relationship with Mrs. Bryant and testified about the anxiety she had experienced because of the shared photos.“She wants an air of love and joy and peace and she does everything she can do to preserve that,” Mr. Pelinka said. “You experience the grief from loss, but there’s also the anxiety from these deplorable actions.”What else did Mrs. Bryant say during her deposition?Mrs. Bryant said she learned of the accident when a family assistant knocked on her door in the late morning of Jan. 26, 2020. As she tried calling Mr. Bryant, notifications of people mourning Mr. Bryant popped up on her phone.Mrs. Bryant said she went to an airport in an attempt to secure a helicopter to take her to the crash site but was told the weather conditions were not safe. Mr. Pelinka drove Mrs. Bryant to the sheriff’s station in Malibu, near the crash site, she said.At the station, “no one would answer” questions about her husband and daughter, Mrs. Bryant said. She was escorted back and forth between rooms, and after a long wait, a pastor walked in and Sheriff Alex Villanueva entered with a publicist. Mrs. Bryant said she wanted privacy and asked the publicist to leave the room.Villanueva confirmed the deaths, Mrs. Bryant said, and asked if he could do anything for her.“And I said: ‘If you can’t bring my husband and baby back, please make sure that no one takes photographs of them. Please secure the area,’” Mrs. Bryant said during the deposition. “And he said, ‘I will.’ And I said, ‘No, I need you to get on the phone right now and I need you to make sure you secure the area.’”How much is Mrs. Bryant suing for?Mrs. Bryant is suing for compensatory and punitive damages.“That would be up to the jury,” Mrs. Bryant responded when asked during her deposition how much money she sought. “I don’t — I’m not asking for a dollar amount.”Are the families of other crash victims involved in Mrs. Bryant’s case?Christopher Chester, whose wife, Sarah, 45, and daughter, Payton, 13, died in the crash, is joining the lawsuit. Two other victims’ families settled for $1.25 million each last year.Has any other litigation involving the crash been settled?Mrs. Bryant and the family members of the other victims reached a settlement in June 2021 with Island Express Helicopters, its owner, Island Express Holding Corporation and the estate of Mr. Zobayan.Terms of the settlement were confidential.Vik Jolly and More

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      Read Vanessa Bryant’s Lawsuit

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      Case 2:20-cv-09582-JFW-E Document 54 Filed 03/17/21 Page 2 of 41 Page ID #:1137

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      Plaintiff Vanessa Bryant (“Plaintiff”), through her undersigned counsel, hereby brings this action against defendants County of Los Angeles (the “County”), the Los Angeles County Sheriff’s Department (the “Sheriff’s Department”), the Los Angeles County Fire Department (the “Fire Department,” and, collectively with the County and the Sheriff’s Department, the “Entity Defendants”), Joey Cruz, Rafael Mejia, Michael Russell, and Raul Versales (collectively, the “Deputy Defendants,” and, collectively with the County, the Sheriff’s Department, and the Fire Department, the “Defendants”) seeking damages to remedy violations of rights under the United States Constitution and for negligence and invasion of privacy pursuant to California law. This Court has subject matter jurisdiction pursuant to 28 U.S.C. sections 1331 and 1343. Plaintiff alleges, on personal knowledge as to herself and information and belief as to others, as follows: INTRODUCTION 1. On the morning of Sunday, January 26, 2020, three eighth-grade girls, joined by parents and coaches, left their homes in Orange County to play in a youth basketball tournament in Thousand Oaks. Making their way by helicopter, they encountered dense fog. Rather than land or turn around, the pilot pushed into the fog and became disoriented. The helicopter descended rapidly and crashed into the foothills of the Santa Monica Mountains, killing everyone onboard. Vanessa Bryant’s thirteen year-old daughter, Gianna Bryant, and husband of nearly twenty years, Kobe Bryant, were among those who died. 2. In the aftermath of the crash, several of the victims’ family members gathered at the L.A. County Sheriff’s station in Lost Hills, devastated and distraught. Sheriff Alex Villanueva met with them and assured Mrs. Bryant that his deputies were securing the crash site. Based on a leak by law enforcement, the gossip and celebrity news site TMZ had reported that Kobe, a singular figure in

      Case No. 2:20-cv-09582-JFW-E FIRST AMENDED COMPLAINT More

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      Mickelson and Other LIV Golfers File Antitrust Suit Against PGA Tour

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      A complaint filed on behalf of 11 players pushed back against the punishments imposed by the PGA Tour for players who participate in events sponsored by the upstart LIV series.Eleven golfers affiliated with the breakaway LIV Golf series have filed an antitrust lawsuit against the PGA Tour, challenging its suspensions and other restrictive measures used to punish those who signed on to play in the Saudi-backed LIV events.The lawsuit, filed Wednesday in the U.S. District Court for the Northern District of California, argues that the PGA Tour is unfairly controlling players with anticompetitive restraints to protect its longstanding monopoly on professional golf.The complaint — filed on behalf of Phil Mickelson and others — alleges that the tour had “ventured to harm” their careers and livelihoods. “The Tour’s unlawful strategy has been both harmful to the players and successful in threatening LIV Golf’s otherwise-promising launch,” it said.The players Talor Gooch, Hudson Swafford and Matt Jones also sought an order to allow them to participate in the FedEx Cup playoffs, the PGA Tour’s season-ending championship events. “The punishment that would accrue to these players from not being able to play in the FedEx Cup Playoffs is substantial and irreparable, and a temporary restraining order is needed to prevent the irreparable harm that would ensue were they not to be able to participate,” the complaint said.A Quick Guide to the LIV Golf SeriesCard 1 of 6A new series. More