Misplaced Pages

#198801

100-680: Andrea Constand v. William H. Cosby, Jr. is a civil suit filed in federal court for the Eastern District of Pennsylvania in March 2005 and resolved with an undisclosed cash settlement (including a confidentiality agreement between its two parties) in November 2006. It was later revealed that the amount paid to Constand was $ 3.38 million. The case was filed by Andrea Constand , a former college and Canadian national team basketball player , against comedian and entertainer Bill Cosby , concerning

200-601: A court will determine that a law that creates rights also allows private parties to bring a lawsuit, even though no such remedy is explicitly provided for in the law. Implied causes of action arising under the Constitution of the United States are treated differently from those based on statutes . Perhaps the best known case creating an implied cause of action for constitutional rights is Bivens v. Six Unknown Named Agents , 403 U.S. 388 (1971). In that case,

300-518: A cause of action existed to enforce a statute should be interpreted as the Legislature's intent to not create such a cause of action. In November 1986, Chief Justice Rose Bird and two fellow liberal colleagues were ejected from the court by the state's electorate for opposing the death penalty . Bird's replacement, Chief Justice Malcolm M. Lucas , authored an opinion in 1988 that adopted Richardson's strict constructionist view with regard to

400-423: A cause of action, a plaintiff pleads or alleges facts in a complaint , the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the remedy (the relief a court is asked to grant). Often the facts or circumstances that entitle a person to seek judicial relief may create multiple causes of action. Although it

500-629: A chaotic fashion between the Cort test and a liberal construction test roughly similar to the old Borak test, but in 2004, the Texas Supreme Court overruled both and adopted the textualist Sandoval test. Some states have developed their own tests independently of the Borak , Cort , and Sandoval line of federal cases. For example, prior to 1988, California courts used a vague liberal construction test, under which any statute "embodying

600-521: A court reporting service hired by Constand had released the 2005 court transcript to the New York Times , days earlier, in a 'massive breach of protocol'. The court reporters' code of ethics prohibits the release of testimony without all parties first being contacted. Cosby also made further accusations that Constand had violated the confidentiality agreement, referring to vague postings on her Twitter account (including one that simply contained

700-456: A court reporting service hired by Constand had released the 2005 court transcript to the New York Times , days earlier, in a 'massive breach of protocol'. The court reporters' code of ethics prohibits the release of testimony without all parties first being contacted. Cosby also made further accusations that Constand had violated the confidentiality agreement, referring to vague postings on her Twitter account (including one that simply contained

800-468: A gynecologist by the name of Leroy Amar, who knew that Cosby had no intention of taking the drugs himself. Cosby's testimony in the civil case showed a history of casual sex involving use of Quaaludes with a series of young women. Cosby admitted to knowing that, at the time, it was illegal to dispense the drug to other people. Amar would later have his medical license revoked in the states of both California and New York . The judge ruled that releasing

900-463: A gynecologist by the name of Leroy Amar, who knew that Cosby had no intention of taking the drugs himself. Cosby's testimony in the civil case showed a history of casual sex involving use of Quaaludes with a series of young women. Cosby admitted to knowing that, at the time, it was illegal to dispense the drug to other people. Amar would later have his medical license revoked in the states of both California and New York . The judge ruled that releasing

1000-409: A narcissist who didn't realize Constand (who was in a relationship with a woman at the time of the alleged assault) is gay" in a 2015 filing during a defamation lawsuit by Cosby vs. Constand. The preliminary hearing was scheduled for January 14, 2016. In Pennsylvania, the maximum penalty for a conviction on aggravated indecent assault is 10 years in prison and a fine of $ 25,000. Cosby's attorney issued

1100-406: A narcissist who didn't realize Constand (who was in a relationship with a woman at the time of the alleged assault) is gay" in a 2015 filing during a defamation lawsuit by Cosby vs. Constand. The preliminary hearing was scheduled for January 14, 2016. In Pennsylvania, the maximum penalty for a conviction on aggravated indecent assault is 10 years in prison and a fine of $ 25,000. Cosby's attorney issued

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1200-646: A new approach to the issue in Touche Ross & Co. v. Redington (1979). At issue was an implied right under another section of the Securities Exchange Act of 1934, and the Court said that the first three factors mentioned in Cort v. Ash were simply meant to be "relied upon in determining legislative intent." "The ultimate question," the Court concluded, "is one of legislative intent, not one of whether this Court thinks that it can improve upon

1300-405: A plaintiff must prove to win a given type of case are called the "elements" of that cause of action. For example, for a claim of negligence , the elements are: the (existence of a) duty , breach (of that duty), proximate cause (by that breach), and damages . If a complaint does not allege facts sufficient to support every element of a claim, the court, upon motion by the opposing party, may dismiss

1400-406: A presidential campaign. The Court said that no such action should be implied, and laid down four factors to be considered in determining whether a statute implicitly included a private right of action: The Supreme Court used the four-part Cort v. Ash test for several years, and in applying the test, "[f]or the most part, the Court refused to create causes of action." An important application of

1500-724: A press release that due to insufficient evidence rendering a conviction "unattainable", he "declines to authorize the filing of criminal charges" against Cosby regarding allegations Andrea Constand made against him. Castor said he did so to compel Cosby to testify in a civil lawsuit, brought by Constand, without the right to not incriminate himself as accorded by the Fifth Amendment to the United States Constitution . Cosby testified that he had given Constand Benadryl , and that he had separately provided Quaaludes to women he wanted to have sex with. Cosby settled

1600-577: A press release that due to insufficient evidence rendering a conviction "unattainable", he "declines to authorize the filing of criminal charges" against Cosby regarding allegations Andrea Constand made against him. Castor said he did so to compel Cosby to testify in a civil lawsuit, brought by Constand, without the right to not incriminate himself as accorded by the Fifth Amendment to the United States Constitution . Cosby testified that he had given Constand Benadryl , and that he had separately provided Quaaludes to women he wanted to have sex with. Cosby settled

1700-455: A private right of action should be implied under § 14(a) of the Act. Under the circumstances, the Court said, it was "the duty of the courts to be alert to provide such remedies as are necessary to make effective the congressional purpose." In Cort v. Ash (1975), the issue was whether a civil cause of action existed under a criminal statute prohibiting corporations from making contributions to

1800-404: A private right of action to enforce the law, that such a right of action was consistent with the remedial purpose Congress had in mind, and that discrimination was a matter of traditionally federal and not state concern. Justice Powell , however, dissented and criticized the Court's approach to implied rights of action, which he said was incompatible with the doctrine of separation of powers . It

1900-471: A public policy" was privately enforceable by any injured member of the public for whose benefit the statute was enacted. This was most unsatisfactory to conservatives on the Supreme Court of California , such as Associate Justice Frank K. Richardson , who articulated a strict constructionist view in a 1979 dissenting opinion . As Richardson saw it, the Legislature's silence on the issue of whether

2000-640: A sexual assault that occurred in Cosby's home in January 2004 while Constand was working for Temple University women's basketball team in Philadelphia , Pennsylvania . At that time, no criminal charges were filed. On December 30, 2015, however, Cosby was charged with three second-degree felony counts of aggravated indecent assault as a result of the accusations made by Constand about the January 2004 incident, including revelations in Cosby's 2005 deposition in

2100-472: A sexual assault that occurred in Cosby's home in January 2004 while Constand was working for Temple University women's basketball team in Philadelphia , Pennsylvania . At that time, no criminal charges were filed. On December 30, 2015, however, Cosby was charged with three second-degree felony counts of aggravated indecent assault as a result of the accusations made by Constand about the January 2004 incident, including revelations in Cosby's 2005 deposition in

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2200-681: A suburb of Philadelphia. In January 2004, Constand went to Cosby's house in Elkins Park , Pennsylvania , after a night out with friends. Constand stated that Cosby listened to her complaints about stress. According to Constand, Cosby gave her three blue pills he claimed would help her relax. Cosby later, in a deposition, would state that the pills were the over-the-counter antihistamine, Benadryl. They made her semiconscious and unable to move. Then, Cosby allegedly touched her breasts and crotch and put her hand on his penis. She further claimed that she woke up around 4 a.m. to find her clothing all over

2300-618: A suburb of Philadelphia. In January 2004, Constand went to Cosby's house in Elkins Park , Pennsylvania , after a night out with friends. Constand stated that Cosby listened to her complaints about stress. According to Constand, Cosby gave her three blue pills he claimed would help her relax. Cosby later, in a deposition, would state that the pills were the over-the-counter antihistamine, Benadryl. They made her semiconscious and unable to move. Then, Cosby allegedly touched her breasts and crotch and put her hand on his penis. She further claimed that she woke up around 4 a.m. to find her clothing all over

2400-837: A thorough investigation against Cosby. The local off-year election in a community of 800,000 residents gained international attention. Steele won the election with 89,718 votes to Castor's 72,574. The new focus on Cosby's alleged sexual assaults forced Castor to respond to questions about his decision not to charge Cosby in 2004. He defended his actions by suggesting that Constand's story had been inconsistent, making her an unreliable witness. Because of this, Constand sued Castor for one count of defamation; and one count of false light and invasion of privacy, asking for more than $ 150,000 for each offense. "Instead of correcting his error, [Castor] chose to make plaintiff collateral damage for his political ambitions," Constand said in her complaint. Castor responded, "It's highly suspect that this entire incident

2500-834: A thorough investigation against Cosby. The local off-year election in a community of 800,000 residents gained international attention. Steele won the election with 89,718 votes to Castor's 72,574. The new focus on Cosby's alleged sexual assaults forced Castor to respond to questions about his decision not to charge Cosby in 2004. He defended his actions by suggesting that Constand's story had been inconsistent, making her an unreliable witness. Because of this, Constand sued Castor for one count of defamation; and one count of false light and invasion of privacy, asking for more than $ 150,000 for each offense. "Instead of correcting his error, [Castor] chose to make plaintiff collateral damage for his political ambitions," Constand said in her complaint. Castor responded, "It's highly suspect that this entire incident

2600-511: A two-year statute of limitations. Several legal experts, including former prosecutors and at least one former deputy Attorney General, have said the case could be reopened and possibly tried in light of this and other additional evidence that had surfaced in the past year. The non-disclosure agreement reached in her 2006 settlement with Cosby would likely not bar Constand from testifying against him. Montgomery County District Attorney Risa Vetri Ferman would neither confirm nor deny whether her office

2700-510: A two-year statute of limitations. Several legal experts, including former prosecutors and at least one former deputy Attorney General, have said the case could be reopened and possibly tried in light of this and other additional evidence that had surfaced in the past year. The non-disclosure agreement reached in her 2006 settlement with Cosby would likely not bar Constand from testifying against him. Montgomery County District Attorney Risa Vetri Ferman would neither confirm nor deny whether her office

2800-576: A victim of a crime should be afraid of him and now he wants her to trust him to be a witness for him?" Bruce Castor , the District Attorney in charge of investigating Constand's original claim, decided to run for the position again after leaving office in 2008. Running against him was Democrat Kevin Steele, the current Assistant District Attorney. Steele used the controversy in a campaign ad that criticized Castor for "not even trying" to perform

2900-454: A victim of a crime should be afraid of him and now he wants her to trust him to be a witness for him?" Bruce Castor , the District Attorney in charge of investigating Constand's original claim, decided to run for the position again after leaving office in 2008. Running against him was Democrat Kevin Steele, the current Assistant District Attorney. Steele used the controversy in a campaign ad that criticized Castor for "not even trying" to perform

3000-451: A year prior. On February 22, 2005, Montgomery County District Attorney Bruce Castor issued a press release stating that he "finds insufficient, credible and admissible evidence exists upon which any charge against Mr. Cosby could be sustained beyond a reasonable doubt." The case was dropped at that time when the prosecutor decided not to proceed. The original complaint contained a great deal of additional information that became available to

3100-450: A year prior. On February 22, 2005, Montgomery County District Attorney Bruce Castor issued a press release stating that he "finds insufficient, credible and admissible evidence exists upon which any charge against Mr. Cosby could be sustained beyond a reasonable doubt." The case was dropped at that time when the prosecutor decided not to proceed. The original complaint contained a great deal of additional information that became available to

Andrea Constand v. Bill Cosby - Misplaced Pages Continue

3200-462: Is a civil suit filed in federal court for the Eastern District of Pennsylvania in March 2005 and resolved with an undisclosed cash settlement (including a confidentiality agreement between its two parties) in November 2006. It was later revealed that the amount paid to Constand was $ 3.38 million. The case was filed by Andrea Constand , a former college and Canadian national team basketball player , against comedian and entertainer Bill Cosby , concerning

3300-409: Is being brought out right before an election." Constand's attorney went on saying Castor was treating her as "political collateral" and suggesting that if Castor were elected, Constand would not cooperate in the re-opened criminal investigation against Cosby. In an open letter she issued in response to his comments, she said she believes he had "no intention of arresting Dr. Huxtable" in 2005 because he

3400-407: Is being brought out right before an election." Constand's attorney went on saying Castor was treating her as "political collateral" and suggesting that if Castor were elected, Constand would not cooperate in the re-opened criminal investigation against Cosby. In an open letter she issued in response to his comments, she said she believes he had "no intention of arresting Dr. Huxtable" in 2005 because he

3500-659: Is fairly straightforward to file a statement of claim in most jurisdictions, if it is not done properly, then the filing party may lose their case due to simple technicalities. The need to balance procedural expediency and continuity (the technicalities of which one might fall foul) expressed as procedural rules. There are a number of specific causes of action, including: contract -based actions; statutory causes of action; torts such as assault , battery , invasion of privacy , fraud , slander , negligence , intentional infliction of emotional distress ; and suits in equity such as unjust enrichment and quantum meruit . The points

3600-492: The 1997 Summer Universiade . While back in southern Ontario , Temple University's then-new women's basketball coach, three-time Olympic gold medalist Dawn Staley , asked Constand to join her at Temple as director of operations for the women's team . In 2002, Cosby and Constand became friends in her new role; Cosby is an alumnus of Temple and maintained a close relationship with the college. Constand attended dinner parties and private dinners at Cosby's home in Elkins Park ,

3700-489: The 1997 Summer Universiade . While back in southern Ontario , Temple University's then-new women's basketball coach, three-time Olympic gold medalist Dawn Staley , asked Constand to join her at Temple as director of operations for the women's team . In 2002, Cosby and Constand became friends in her new role; Cosby is an alumnus of Temple and maintained a close relationship with the college. Constand attended dinner parties and private dinners at Cosby's home in Elkins Park ,

3800-616: The Durham Regional Police Service near Constand's home in Pickering, Ontario , on January 13, 2005; the report was subsequently forwarded to the authorities in Pennsylvania. The warrant alleges that blue pills, said to be Benadryl by Cosby, were given to Constand who had also been drinking wine during the January 2004 incident. Cosby appeared in court during the afternoon of December 30, 2015, to face

3900-410: The Durham Regional Police Service near Constand's home in Pickering, Ontario , on January 13, 2005; the report was subsequently forwarded to the authorities in Pennsylvania. The warrant alleges that blue pills, said to be Benadryl by Cosby, were given to Constand who had also been drinking wine during the January 2004 incident. Cosby appeared in court during the afternoon of December 30, 2015, to face

4000-588: The United States Supreme Court ruled that an individual whose Fourth Amendment freedom from unreasonable search and seizures had been violated by federal agents could sue for the violation of the Amendment itself, despite the lack of any federal statute authorizing such a suit. The existence of a remedy for the violation was implied from the importance of the right violated. In a later case, Schweiker v. Chilicky , 487 U.S. 412 (1988),

4100-555: The 1950s, the United States Supreme Court "has taken three different approaches, each more restrictive than the prior, in deciding when to create private rights of action." In J.I. Case Co. v. Borak (1964), a case under the Securities Exchange Act of 1934 , the Court, examining the statute's legislative history and looking at what it believed were the purposes of the statute, held that

Andrea Constand v. Bill Cosby - Misplaced Pages Continue

4200-405: The 2005 case against Cosby, claiming that Cosby had already engaged in "total abandonment of the confidentiality portions of the agreement" by way of the recent, sweeping denials of all allegations against him. The motion was filed in part with the hopes of being able to release the full transcript of Cosby's previously sealed deposition. Cosby's attorneys responded that Constand had already violated

4300-404: The 2005 case against Cosby, claiming that Cosby had already engaged in "total abandonment of the confidentiality portions of the agreement" by way of the recent, sweeping denials of all allegations against him. The motion was filed in part with the hopes of being able to release the full transcript of Cosby's previously sealed deposition. Cosby's attorneys responded that Constand had already violated

4400-529: The Andrea Constand Case. Constand's lawyer said she would cooperate in the new investigation if asked. "She's a very strong lady," lawyer Dolores Troiani said Tuesday. "She'll do whatever they request of her." On October 27, 2015, it was confirmed, from reliable sources, that an open criminal sexual assault investigation into the Constand case had been re-opened shortly after Cosby's deposition

4500-400: The Andrea Constand Case. Constand's lawyer said she would cooperate in the new investigation if asked. "She's a very strong lady," lawyer Dolores Troiani said Tuesday. "She'll do whatever they request of her." On October 27, 2015, it was confirmed, from reliable sources, that an open criminal sexual assault investigation into the Constand case had been re-opened shortly after Cosby's deposition

4600-442: The Court. Borak , which was also applied under the fourth factor in Cort v. Ash , was singled out by Powell in his Canon dissent: "although I do not suggest that we should consider overruling Borak at this late date, the lack of precedential support for this decision militates strongly against its extension beyond the facts of the case" Very shortly after Cannon was decided, the Court adopted what legal scholars have called

4700-475: The Supreme Court determined that a cause of action would not be implied for the violation of rights where the U.S. Congress had already provided a remedy for the violation of rights at issue, even if the remedy was inadequate. An implied private right of action is not a cause of action expressly created by a statute. Rather, a court interprets the statute to silently include such a cause of action. Since

4800-475: The answer may contain affirmative defenses . Most defenses must be raised at the first possible opportunity either in the answer or by motion or are deemed waived. A few defenses, in particular a court's lack of subject matter jurisdiction , need not be pleaded and may be raised at any time. Implied cause of action is a term used in United States statutory and constitutional law for circumstances when

4900-466: The availability of Cosby's deposition from the Constand case is that plaintiffs in other cases vs. Cosby, such as the Tamara Green, et al. defamation suit, may be allowed by judges to use the contents of the transcript as evidence now that it is in the public domain. The case was held in abeyance , pending further action in the ongoing defamation case from Tamara Green, et al., since that lawsuit

5000-403: The availability of Cosby's deposition from the Constand case is that plaintiffs in other cases vs. Cosby, such as the Tamara Green, et al. defamation suit, may be allowed by judges to use the contents of the transcript as evidence now that it is in the public domain. The case was held in abeyance , pending further action in the ongoing defamation case from Tamara Green, et al., since that lawsuit

5100-482: The beginning of January 2016. Based on the very detailed arrest warrant filed on December 15, 2015, the alleged sexual assault on Constand is presumed to have occurred at Cosby's home in Cheltenham Township, PA, on an unspecified date between mid-January and mid-February 2004. (The news media coverage refers to the date of the incident as "January 2004"). The accusation against Cosby was first made to

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5200-407: The beginning of January 2016. Based on the very detailed arrest warrant filed on December 15, 2015, the alleged sexual assault on Constand is presumed to have occurred at Cosby's home in Cheltenham Township, PA, on an unspecified date between mid-January and mid-February 2004. (The news media coverage refers to the date of the incident as "January 2004"). The accusation against Cosby was first made to

5300-426: The case which came to public and investigators' attention when they were unsealed by a judge in 2015. In 2018, Cosby was found guilty of all three counts against Constand. He was subsequently sentenced to 3–10 years in state prison. On June 30, 2021, however, Cosby's convictions and sentences were vacated by the Supreme Court of Pennsylvania due to violations of his due process rights . Andrea Erminia Constand

5400-423: The case which came to public and investigators' attention when they were unsealed by a judge in 2015. In 2018, Cosby was found guilty of all three counts against Constand. He was subsequently sentenced to 3–10 years in state prison. On June 30, 2021, however, Cosby's convictions and sentences were vacated by the Supreme Court of Pennsylvania due to violations of his due process rights . Andrea Erminia Constand

5500-459: The case, California lawyer Tamara Lucier Green, the only publicly named woman in the prior case, came forward with allegations in February 2005 that Cosby had drugged and assaulted her in the 1970s. Cosby's lawyer said Cosby did not know her and the events did not happen. On July 8, 2015, Andrea Constand and her attorney Dolores Troiani filed a motion to negate the confidentiality agreement in

5600-399: The case, California lawyer Tamara Lucier Green, the only publicly named woman in the prior case, came forward with allegations in February 2005 that Cosby had drugged and assaulted her in the 1970s. Cosby's lawyer said Cosby did not know her and the events did not happen. On July 8, 2015, Andrea Constand and her attorney Dolores Troiani filed a motion to negate the confidentiality agreement in

5700-637: The civil lawsuit by paying $ 3.38 million. As six of the seven Pennsylvania Supreme Court justices interpreted Castor's 2005 press release as a promise not to prosecute Cosby, leading to Cosby providing testimony in his civil lawsuit that was later used as key evidence in his criminal trial, resulting in him being convicted of assaulting Constand, the Pennsylvania Supreme Court concluded that Cosby's due process rights were violated. The court further barred prosecution of Cosby "on these particular charges". Civil claim To pursue

5800-590: The civil lawsuit by paying $ 3.38 million. As six of the seven Pennsylvania Supreme Court justices interpreted Castor's 2005 press release as a promise not to prosecute Cosby, leading to Cosby providing testimony in his civil lawsuit that was later used as key evidence in his criminal trial, resulting in him being convicted of assaulting Constand, the Pennsylvania Supreme Court concluded that Cosby's due process rights were violated. The court further barred prosecution of Cosby "on these particular charges". Andrea Constand Andrea Constand v. William H. Cosby, Jr.

5900-420: The complaint for failure to state a claim for which relief can be granted. The defendant to a cause of action must file an "Answer" to the complaint in which the claims can be admitted or denied (including denial on the basis of insufficient information in the complaint to form a response). The answer may also contain counterclaims in which the "Counterclaim Plaintiff" states its own causes of action. Finally,

6000-491: The confidentiality agreement by giving an interview to the Toronto Sun , which was published the same day as Constand's filing. The entire deposition from 2005 was released 10 days later, causing Cosby's lawyers to file a new motion in the case on July 21, 2015, asserting that Constand and Troiani may have orchestrated the release of the deposition. In the deposition, Cosby testified that he had obtained Quaaludes from

6100-430: The confidentiality agreement by giving an interview to the Toronto Sun , which was published the same day as Constand's filing. The entire deposition from 2005 was released 10 days later, causing Cosby's lawyers to file a new motion in the case on July 21, 2015, asserting that Constand and Troiani may have orchestrated the release of the deposition. In the deposition, Cosby testified that he had obtained Quaaludes from

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6200-416: The district attorney who brought the charges, told reporters that the prosecution was seeking a retrial. "We will evaluate and review our case. We will take a hard look at everything involved and then we will retry it. As I said in court, our plan is to move this case forward as soon as possible." Cosby, who faced at least four separate civil lawsuits, refused to testify at the trial. On April 26, 2018, Cosby

6300-415: The district attorney who brought the charges, told reporters that the prosecution was seeking a retrial. "We will evaluate and review our case. We will take a hard look at everything involved and then we will retry it. As I said in court, our plan is to move this case forward as soon as possible." Cosby, who faced at least four separate civil lawsuits, refused to testify at the trial. On April 26, 2018, Cosby

6400-417: The following statement after the arraignment: "The charge ... came as no surprise, filed 12 years after the alleged incident and coming on the heels of a hotly contested election for this county's DA during which this case was made the focal point. ... We intend to mount a vigorous defense against this unjustified charge and we expect that Mr. Cosby will be exonerated by a court of law." On January 15, 2016, it

6500-416: The following statement after the arraignment: "The charge ... came as no surprise, filed 12 years after the alleged incident and coming on the heels of a hotly contested election for this county's DA during which this case was made the focal point. ... We intend to mount a vigorous defense against this unjustified charge and we expect that Mr. Cosby will be exonerated by a court of law." On January 15, 2016, it

6600-546: The fourth factor in Rodriguez v. FDIC (2020) to vacate a court of appeals judgment that applied a federal common law test instead of state law. Many states still use the first three Cort factors for their general test for determining whether an implied private cause of action exists under a state statute, including Colorado, Connecticut, Hawaii, Iowa, New York, Pennsylvania, Tennessee, West Virginia, and Washington. Historically, Texas courts had wandered around in

6700-600: The interpretation of the California Insurance Code. A 2008 decision by the Court of Appeal and a 2010 decision by the Supreme Court itself finally established that Justice Richardson's strict constructionism as adopted by the Lucas court would retroactively apply to all California statutes. In the 2010 decision in Lu v. Hawaiian Gardens Casino , Justice Ming Chin wrote for a unanimous court that "we begin with

6800-543: The press. Constand filed a civil claim in March 2005, alleging both the rape, and post-rape libel by Cosby's denial of wrongdoing, with 13 women as potential witnesses if the case went to court. Cosby settled out of court for an undisclosed amount in November 2006. In a July 2005 Philadelphia Daily News interview, Beth Ferrier, one of the anonymous "Jane Doe" witnesses in the Constand case, alleged that in 1984 Cosby drugged her coffee and she awoke with her clothes askew. After learning that charges were not pursued in

6900-538: The press. Constand filed a civil claim in March 2005, alleging both the rape, and post-rape libel by Cosby's denial of wrongdoing, with 13 women as potential witnesses if the case went to court. Cosby settled out of court for an undisclosed amount in November 2006. In a July 2005 Philadelphia Daily News interview, Beth Ferrier, one of the anonymous "Jane Doe" witnesses in the Constand case, alleged that in 1984 Cosby drugged her coffee and she awoke with her clothes askew. After learning that charges were not pursued in

7000-705: The room. Constand returned to Ontario in April 2004. However, she continued to have contact with Cosby and took her parents to meet Cosby at an August 2004 show. In January 2005, Constand filed a criminal complaint with the police against Cosby and criminal investigation was opened by the Montgomery County Detectives in Cheltenham, Pennsylvania . Constand's mother called Cosby, who apologized and offered to cover therapy costs, plus Constand's education at Temple. However, behind-the-scenes, Cosby

7100-510: The room. Constand returned to Ontario in April 2004. However, she continued to have contact with Cosby and took her parents to meet Cosby at an August 2004 show. In January 2005, Constand filed a criminal complaint with the police against Cosby and criminal investigation was opened by the Montgomery County Detectives in Cheltenham, Pennsylvania . Constand's mother called Cosby, who apologized and offered to cover therapy costs, plus Constand's education at Temple. However, behind-the-scenes, Cosby

7200-452: The sealed document was justified by Cosby's role as a "public moralist " in contrast to his possible criminal private behavior. On July 18, 2015, The New York Times , having obtained the complete deposition from a court reporting service (hired by Constand) which had released the document to the public domain, published a summary and excerpts. In a court filing condemning the release of the deposition, Cosby's attorneys stressed that none of

7300-450: The sealed document was justified by Cosby's role as a "public moralist " in contrast to his possible criminal private behavior. On July 18, 2015, The New York Times , having obtained the complete deposition from a court reporting service (hired by Constand) which had released the document to the public domain, published a summary and excerpts. In a court filing condemning the release of the deposition, Cosby's attorneys stressed that none of

7400-729: The statute of limitations on the Constand case. On September 22, 2015, lawyer Edwin Jacobs said that Cosby's agents had contacted him in the past few days about a pending criminal investigation in Montgomery County. Jacobs, who had represented Cosby in a review of Lili Bernard's complaint in New Jersey, said he referred Cosby's agents to another high-profile Philadelphia-area lawyer who declined to comment. Montgomery County District Attorney Risa Vetri Ferman again still remained silent when asked if an investigation had been re-opened in

7500-548: The statute of limitations on the Constand case. On September 22, 2015, lawyer Edwin Jacobs said that Cosby's agents had contacted him in the past few days about a pending criminal investigation in Montgomery County. Jacobs, who had represented Cosby in a review of Lili Bernard's complaint in New Jersey, said he referred Cosby's agents to another high-profile Philadelphia-area lawyer who declined to comment. Montgomery County District Attorney Risa Vetri Ferman again still remained silent when asked if an investigation had been re-opened in

7600-543: The statutory scheme that Congress enacted into law." Despite Justice Powell's admonishment of judicial overreach in his Canon dissent, the Court applied the Cort factor test again in Thompson v. Thompson (1988). In Karahalios v. National Federation of Federal Employees (1989) a unanimous court recognized Cort v. Ash as a test for the implication of private remedies. The Cort v. Ash test has continued to be cited in federal courts, and Justice Neil Gorsuch cited

7700-524: The test, however, came in Cannon v. University of Chicago (1979), which recognized an implied private right of action. There, a plaintiff sued under Title IX of the Education Amendments of 1972, which prohibited sex discrimination in any federally funded program. The Court, stating that the female plaintiff was within the class protected by the statute, that Congress had intended to create

7800-504: The testimony so far unsealed by a judge stated that he engaged in non-consensual sex or gave anyone Quaaludes without their knowledge or consent: "Reading the media accounts, one would conclude that the Defendant has admitted to rape," the document said. "And yet the Defendant admitted to nothing more than being one of the many people who introduced Quaaludes into their consensual sex life in the 1970s". Cosby's lawyers further contended that

7900-447: The testimony so far unsealed by a judge stated that he engaged in non-consensual sex or gave anyone Quaaludes without their knowledge or consent: "Reading the media accounts, one would conclude that the Defendant has admitted to rape," the document said. "And yet the Defendant admitted to nothing more than being one of the many people who introduced Quaaludes into their consensual sex life in the 1970s". Cosby's lawyers further contended that

8000-478: The three second degree felony counts of aggravated indecent assault without entering a plea, arrange for bail, and be formally charged. Testimony from the Constand's civil suit had been reviewed by that time and the file was said to contain new information. Cosby had testified that the sexual contact was consensual. However, according to an article in People , Constand's lawyer, Dolores Troiani, referred to Cosby "as

8100-424: The three second degree felony counts of aggravated indecent assault without entering a plea, arrange for bail, and be formally charged. Testimony from the Constand's civil suit had been reviewed by that time and the file was said to contain new information. Cosby had testified that the sexual contact was consensual. However, according to an article in People , Constand's lawyer, Dolores Troiani, referred to Cosby "as

8200-428: The word "YES!"). Troiani filed a response in which she denied that she or Constand had anything to do with the unsealing of Cosby's deposition, and continued to emphasize that it was Cosby, not Constand, who first violated the confidentiality agreement. She also referred to Cosby as a "narcissist" for assuming Constand's tweets were about him. Troiani sought reimbursement of legal fees from Cosby. The significance of

8300-425: The word "YES!"). Troiani filed a response in which she denied that she or Constand had anything to do with the unsealing of Cosby's deposition, and continued to emphasize that it was Cosby, not Constand, who first violated the confidentiality agreement. She also referred to Cosby as a "narcissist" for assuming Constand's tweets were about him. Troiani sought reimbursement of legal fees from Cosby. The significance of

8400-525: Was also seeking access to formerly confidential documents in the 2005 Constand case. On September 11, 2015, it was reported that the Constand case may be reopened. Cosby admitted in the unsealed civil deposition that he digitally penetrated Constand which, if non-consensual, would be grounds for a felony charge such as aggravated indecent assault. The statute of limitations on such a charge would not run out until January 2016. Constand's original complaint only referenced misdemeanor -level offenses, which have

8500-523: Was also seeking access to formerly confidential documents in the 2005 Constand case. On September 11, 2015, it was reported that the Constand case may be reopened. Cosby admitted in the unsealed civil deposition that he digitally penetrated Constand which, if non-consensual, would be grounds for a felony charge such as aggravated indecent assault. The statute of limitations on such a charge would not run out until January 2016. Constand's original complaint only referenced misdemeanor -level offenses, which have

8600-692: Was born on April 11, 1973, in Toronto , and played basketball at Albert Campbell Collegiate Institute in the city. After high school, Constand earned a scholarship to play basketball at the University of Arizona . Constand averaged 10 points per game in her senior season and helped the Wildcats win the NIT , and later pursued a career as a professional basketball player in Europe. She also played for Canada at

8700-419: Was born on April 11, 1973, in Toronto , and played basketball at Albert Campbell Collegiate Institute in the city. After high school, Constand earned a scholarship to play basketball at the University of Arizona . Constand averaged 10 points per game in her senior season and helped the Wildcats win the NIT , and later pursued a career as a professional basketball player in Europe. She also played for Canada at

8800-483: Was found guilty of all three counts against Constand. On September 25, 2018, he was sentenced to 3 – 10 years in state prison. Cosby and his lawyers appealed. On June 30, 2021, the Pennsylvania Supreme Court overturned Cosby's conviction, citing violations of his due process rights . The following situation was cited: previously in February 2005, District Attorney Bruce Castor declared in

8900-399: Was found guilty of all three counts against Constand. On September 25, 2018, he was sentenced to 3 – 10 years in state prison. Cosby and his lawyers appealed. On June 30, 2021, the Pennsylvania Supreme Court overturned Cosby's conviction, citing violations of his due process rights . The following situation was cited: previously in February 2005, District Attorney Bruce Castor declared in

9000-419: Was maintaining his innocence by saying that the sexual encounter was consensual. During the investigation, Cosby remarked that "I will not give in to people who exploit me because of my celebrity status." During the investigation, police interviewed Cosby and Constand, calling them, "very cooperative." They also went to Cosby's home in Pennsylvania, only to find little or no evidence of a sexual interaction from

9100-418: Was maintaining his innocence by saying that the sexual encounter was consensual. During the investigation, Cosby remarked that "I will not give in to people who exploit me because of my celebrity status." During the investigation, police interviewed Cosby and Constand, calling them, "very cooperative." They also went to Cosby's home in Pennsylvania, only to find little or no evidence of a sexual interaction from

9200-434: Was reconsidering the case that her predecessor closed a decade ago. However, she said: "I believe prosecutors have a responsibility to review past conclusions, whether their own or a predecessor's, when current information might lead to a different decision." Some speculated that Ferman would not try the case due to the risk of losing, and that the outcome may risk her chances of a Judgeship when her tenure runs out shortly after

9300-434: Was reconsidering the case that her predecessor closed a decade ago. However, she said: "I believe prosecutors have a responsibility to review past conclusions, whether their own or a predecessor's, when current information might lead to a different decision." Some speculated that Ferman would not try the case due to the risk of losing, and that the outcome may risk her chances of a Judgeship when her tenure runs out shortly after

9400-472: Was released to the press during the summer. And that investigators had re-interviewed Constand as well as other alleged victims and witnesses. Constand has stated that she would stop cooperating if the original Prosecutor Bruce Castor, whom she is suing for defamation, is re-elected and assigned to the case."The logical consequence of his actions is she has lost confidence in him," Troiani says. "He just doesn't seem to understand words have consequences. He's saying

9500-472: Was released to the press during the summer. And that investigators had re-interviewed Constand as well as other alleged victims and witnesses. Constand has stated that she would stop cooperating if the original Prosecutor Bruce Castor, whom she is suing for defamation, is re-elected and assigned to the case."The logical consequence of his actions is she has lost confidence in him," Troiani says. "He just doesn't seem to understand words have consequences. He's saying

9600-635: Was reported that former D.A. Bruce Castor had written a 2015 email to his successor, Risa Fermin, that acknowledged a verbal agreement that Cosby's testimony in the civil suit would not be used for a criminal trial. On June 17, 2017, a US judge declared a mistrial in the Bill Cosby sex assault case after the jury remained deadlocked for days. The seven men and five women were unable to reach a unanimous decision after some 53 hours of deliberations in Norristown, Pennsylvania. District Attorney Kevin Steele,

9700-516: Was reported that former D.A. Bruce Castor had written a 2015 email to his successor, Risa Fermin, that acknowledged a verbal agreement that Cosby's testimony in the civil suit would not be used for a criminal trial. On June 17, 2017, a US judge declared a mistrial in the Bill Cosby sex assault case after the jury remained deadlocked for days. The seven men and five women were unable to reach a unanimous decision after some 53 hours of deliberations in Norristown, Pennsylvania. District Attorney Kevin Steele,

9800-408: Was running for governor. Recently elected District Attorney Steele announced in late 2015, days before he officially took office (still acting as Assistant District Attorney), that a felony charge would be laid against Cosby on December 30 as a result of the accusations made by Andrea Constand. There was some urgency since the criminal statute of limitations in the case would expire after 12 years, at

9900-407: Was running for governor. Recently elected District Attorney Steele announced in late 2015, days before he officially took office (still acting as Assistant District Attorney), that a felony charge would be laid against Cosby on December 30 as a result of the accusations made by Andrea Constand. There was some urgency since the criminal statute of limitations in the case would expire after 12 years, at

10000-410: Was the job of Congress, not the federal courts, Justice Powell said, to create causes of action. Therefore, the only appropriate analysis was whether Congress intended to create a private right of action. "Absent the most compelling evidence of affirmative congressional intent, a federal court should not infer a private cause of action." This became a priority for Justice Powell and a battleground for

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