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Macy's is trying to be dismissed from the sexual assault case against rapper and entrepreneur Sean "Diddy" Combs, citing non-gender bias.
According to Business Insider, which was the first to report on the case, the department store chain claims that the allegations against Combs do not show gender discrimination because the plaintiff characterizes Combs as "an equal opportunity sexual predator."
The October lawsuit alleges that Macy's violated New York City's gender-violence law in 2008 by allegedly attempting to "cover-up" an attack on a male employee at its Herald Square store by Combs.
According to the plaintiff, who identified himself in court papers only as John Doe, Combs assaulted him last year while he was working for a rival hip-hop fashion brand called Ecko, which Sean John Clothing owns.
In turn, Macy's lawyers maintain that the lawsuit's allegations show that Combs assaulted victims of all genders. In a court filing obtained by Business Insider, Macy's lawyers said, "Plaintiff's own allegations establish not only that this was a same-sex assault, but that Mr. Combs sexually assaulted both men and women, without regard to gender."
Meanwhile, Combs' lawyers also filed a motion to dismiss the case. They stated that all of the claims were untrue and that he and his companies would be vindicated at trial. The motion to dismiss reads, "Mr. Combs denies the entirely false and salacious claims against him."
A decision from District Court Judge J. Paul Oetken on dismissing Macy's from the suit could happen any day now. A ruling on Combs' motion will follow the plaintiff's response.
In October last year, Business Insider reported that a lawsuit filed by John Doe claims that Combs came into a stockroom during the attack, tossed the plaintiff around with the help of his bodyguards, and then left to give SJ clothing to shoppers as if nothing had taken place. The suit also alleges that Macy's fired Doe to protect its multi-million dollar business arrangement with Sean John.
Macy's attorneys argue the New York City Victims of Gender-Motivated Violence Protection Law doesn't apply to corporations for incidents before 2022, as well as contending there's no evidence of gender bias in the alleged assault. The lawyers further argue that the "white boy" taunt used by Combs is reflective of status — not gender bias.
The law, plaintiff's lawyer Buzbee argues, does apply to corporations for actions before 2022 and he insists that Combs' attacks on people of both sexes still creates liability under the law."A pretty novel argument that should fail," Buzbee told Business Insider about Macy's bid to throw out the case.
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