May 19, 2008 • 1 min read

DMX defamation judgement overturned

A costly defamation judgement against DMX, won by default by Monique Wayne, has been overturned after his lawyers argued he was never properly notified of the hearing.

More from the pop courts, and some good news for rapper DMX, who has successfully overturned a costly defamation judgement made against him back in January. Well, his lawyers have.

As previously reported, DMX was sued by one Monique Wayne after an interview in which the rapper, real name Earl Simmons, responded to claims she had had his child after a one night stand. In the interview with US based Sister2Sister magazine, Simmons said that, while he didn't deny the child was his, Wayne must have become pregnant by raping him. He told the magazine: "She raped me. DNA says it is [my child]. I don't know. If I did [have sex with her] I would remember. It ain't like she's a pretty girl".

Wayne sued for defamation, and when the case came to court at the start of the year Simmons failed to defend himself. As a result Wayne won by default, and Simmons was ordered to pay her $518,400 in compensation plus $1 million in punitive penalties.

But Simmons claims he was unaware that the defamation case was due to be heard in court, and after the fact hired Baltimore based The Murphy Firm to dispute the ruling. And they did, successfully, last week. Murphy himself told AllHipHop.com: "Today a very large judgment was vacated by Judge Smith. The judge clearly agreed with us that Mr Simmons was never properly notified and therefore he threw out the judgment".

The ruling means that Simmons will not have to pay $1.5 million in relation to the case, though presumably the whole thing will now have to go back to court - adding another legal engagement for DMX, who is already facing various criminal charges.

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