Seven Cosby Accusers Reach Defamation Settlement After Years of Federal Litigation

In 2014, seven women filed a federal defamation lawsuit against Bill Cosby in the U.S. District Court in Springfield, Massachusetts. The plaintiffs, including Tamara Green, Therese Serignese, Barbara Bowman, Linda Traitz, Joan Tarshis, Angela Leslie, and Louisa Moritz, alleged that Cosby had defamed them by repeatedly and publicly calling them liars after they came forward with accounts of sexual assault spanning decades. Their legal theory was straightforward: when a person brands another a liar in response to true statements, that constitutes actionable defamation.

Joseph Cammarata of Chaikin, Sherman, Cammarata and Siegel represented the seven women throughout the litigation. The case moved slowly, largely suspended while Cosby faced a parallel Pennsylvania criminal prosecution arising from a 2004 sexual assault allegation brought by Andrea Constand. Cosby was convicted in that case in April 2018 and sentenced in September 2018 to three to ten years in state prison.

With Cosby imprisoned, the civil case resumed. Courts had already ruled that AIG, which held a homeowner's insurance policy covering Cosby, was obligated to fund his defense in the defamation suits. Acting under that policy, AIG negotiated a resolution with the plaintiffs. On April 5, 2019, Cammarata filed documents in Springfield federal court confirming that the claims of all seven plaintiffs had been settled. He told the Associated Press that "each plaintiff is satisfied with the settlement." Financial terms were not disclosed.

Cosby's spokesman disputed the outcome publicly, stating that Cosby "did not settle any cases with anyone" and that AIG had acted "without the knowledge, permission and/or consent of Mr. Cosby." AIG's spokesman responded that certain insurance policies give the insurer authority to resolve claims after informing the insured. Cosby's separate counterclaims against the women, in which he alleged the accusers fabricated their accounts for financial gain, were not addressed in the settlement and remained active at the time of the filing.

One plaintiff, Louisa Moritz, had died in January 2019, before the settlement was filed. Cammarata indicated that if Cosby did not move to dismiss his counterclaims, the plaintiffs intended to seek his deposition and pursue further discovery.