A US judge has stripped back the lawsuit filed against Sean ‘Diddy’ Combs by producer Rodney ‘Lil Rod’ Jones, who worked with the musician on his 2023 release ‘The Love Album’.
Allegations of breach of contract and RICO violations have been dropped, though the core claims of sexual assault will proceed, with Lil Rod’s lawyer, Tyrone Blackburn, promising that “I know where all of the bodies are buried and I have a huge shovel”.
This is the Diddy lawsuit that originally named Universal Music and its CEO Lucian Grainge as co-defendants, a move which resulted in the major accusing attorney Blackburn of misconduct.
Judge J Paul Oetken is similarly critical of the lawyer in his latest ruling, saying that Blackburn’s filings in this case were “replete with inaccurate statements of law, conclusory accusations, and inappropriate ad hominem attacks on opposing counsel”.
As an example of Blackburn’s incompetence, Oetken pointed to comments the attorney made about the criminal case against Combs.
Both Jones’ original lawsuit and the criminal prosecution make claims under the US Racketeer Influenced And Corrupt Organizations Act - aka the RICO Act - which is federal law tackling racketeering and organised crime.
At one point Blackburn wrote in a filing that statements made at a press conference announcing the criminal prosecution were evidence that Combs and his company “are presumed guilty of being a RICO criminal organization”.
Obviously at this stage in the criminal proceedings, Combs is presumed innocent until the prosecution successfully demonstrates otherwise in a court of law. Comments Oetken, “that any licensed member of the bar would espouse such an absurd understanding of the law is not just disturbing, but shocking”.
Universal Music was scathing of Blackburn when Jones first filed his lawsuit, insisting that there were no grounds whatsoever to hold the major or its CEO liable for any of the alleged conduct by Combs.
Jones subsequently removed Universal and Grainge as defendants, but - said the major - they should never have been included in the first place, because Blackburn had failed to ensure there was “evidentiary support” for the claims made against the major and its CEO, something he is obliged to do under the US Federal Rules Of Civil Procedure.
In his new ruling, Oetken notes that the court ultimately declined to sanction Blackburn over his inclusion of Universal and Grainge as defendants in the original lawsuit, but says that there has been further misconduct as the case against Combs has progressed.
He then states, “While the court will not hold Blackburn’s antics against Jones at this point, it warns Blackburn that further misconduct may lead to sanctions or to referral for discipline”.
In cutting back the reach of Jones’ lawsuit, the judge ruled that the producer’s claims for breach of contract were legally deficient, and that the RICO claims failed because he couldn’t demonstrate that any of the alleged economic injury was the result of racketeering acts.
In terms of the elements of the lawsuit that will proceed, Jones made various allegations of sexual assault relating to his time working for Combs.
That included that Combs forced him to engage in unsolicited sex acts; that on more than one occasion he believes he was drugged by Combs, later waking up in bed naked with sex workers; and that he was sexually assaulted at parties hosted by the musician, likely at the request of the Combs.
Speaking to Law360, Blackburn says he views this ruling as a win for his client, noting that Combs wanted a total dismissal. Continuing to use emotive language, despite the warning from Oetken regarding his conduct, Blackburn noted that the case would now move onto the discovery phase and added, “I know where all of the bodies are buried and I have a huge shovel - time to start digging!”