A man named Kevin Brophy Jr. wants a new trial over the 'Bodak Yellow' raptress' mixtape album cover, claiming the previous trial he lost was filled with 'theatrics.'
- Jan 27, 2023
AceShowbiz - Cardi B seemingly will be back to court again. A man named Kevin Brophy Jr. wants a new trial over "Gangsta B***h Music Vol. 1" album cover, asking a federal judge to revive his failed case against the femcee, born Belcalis Marlenis Almanzar Cephus.
Billboard reported on Thursday, January 26 that Kevin demanded a new trial, claiming the previous one he lost was filled with "theatrics." Kevin's legal team argued for a new trial in a motion filed on Wednesday, "Almanzar repeatedly engaged in theatrics, refused to answer basic questions, impermissibly disclosed privileged and confidential settlement communications, and generally acted with total disregard and disrespect for the jury's time and formal nature of court proceedings."
The motion continued to read, "The deliberate nature of Defendant's strategy to undermine Plaintiff's ability to present his case was exposed by a switch in demeanor that puts Dr. Jekyll and Mr. Hyde to shame. On direct from her own counsel, Almanzar provided lucid, direct and fully responsive answers to questions -- answers which were allowed to remain unchallenged by virtue of the Court's erroneous and summary denial of cross-examination."
The new motion came after District Judge Cormac J. Carney demanded Kevin, who had originally sued Cardi for $5 million, start paying Cardi's attorney's fees and costs immediately. The judge wrote that his decision to uphold Cardi's victory was because Kevin and his lawyers failed to preserve their right to bring a Rule 50 motion before the case was submitted to the jury for deliberations.
"The untimeliness of [Kevin]'s Rule 50 is reason enough to deny it. But the motion also wants for substantive merit," judge Cormac wrote in the ruling obtained by Rolling Stone. "The jury had an ample basis for its verdict."
"For example, the jury could have reasonably concluded that the back tattoo on the model on the mixtape cover at issue in this suit was not sufficiently identifiable with [Kevin] to constitute misappropriation of his likeness or depiction in a false light," he added, "Because the model's face is not visible, identification based on facial appearance is impossible."
Judge Cormac then added that Kevin's alleged back tattoo played a minor role in what he deemed to be a "visual commentary on sexual politics." He continued, "Most importantly, [Kevin]'s tattoo played a minor role in what was a larger visual commentary on sexual politics. [Kevin]'s tattoo was but one tattoo on the back of the model, who was himself but one part of a suggestive portrayal of a man with his head between Cardi B's legs while she was in the backseat of a vehicle and drank an alcoholic beverage."
"The purpose, Cardi B testified, was to show her in control, reversing traditional gender roles. It is hard to see how the cover's economic value derived at all from [Kevin]'s tattoo," he explained. "Despite any contrary evidence that [Kevin] presented, the jury was within reason to find that the use of the tattoo was transformative."
Cardi's attorneys will have the chance to file a formal response in court in the coming weeks.
