Rap star Cardi B secured an early procedural victory in Nevada state court after a Clark County judge declined to dismiss her contribution claim in litigation stemming from the July 2023 microphone-throwing incident at Drai’s Beachclub in Las Vegas.
During a May 6 hearing, the court denied a motion by plaintiff Jane Doe, also identified as Paxton Fedell, seeking dismissal of Cardi B’s contribution counterclaim. Judge Bita Yeager concluded that the parties had not yet developed a sufficient factual record to determine whether the rapper’s alleged conduct constituted an intentional tort that would bar contribution under Nevada law.
The dispute centers on Cardi B’s contention. If she’s found liable for damages, responsibility should be shared. Jane Doe allegedly threw ice and a drink at the performer before the incident. Cardi B has maintained that her response was reflexive and driven by self-defense concerns.
“The court is not making factual determinations regarding intent at this stage,” Judge Yeager stated during the hearing, noting that discovery remains ongoing and material facts have yet to be found.
Rap Star Cardi B Secures Small Victory Early In Jane Doe’s Continued Drai’s Beachclub Mic-Throwing Incident
Although the court saw that battery generally involves general intent rather than specific intent, Judge Yeager emphasized that questions concerning intent, provocation, reflexive conduct, and self-defense are better directed after discovery, potentially through summary judgment proceedings.
In a written order, the court noted that Cardi B alleged she “reflexively” threw the mic in self-defense. The incident occurred after being struck by ice and a drink during her performance. The order further recognized affirmative defenses asserted by the rapper, including self-defense, adequate provocation, and comparative fault.
The court found that dismissing the contribution claim before discovery would early eliminate a statutory remedy. Nevada law permits litigants to pursue alternative and inconsistent theories of liability and defense.
Meanwhile, Jane Doe has filed an answer denying Cardi B’s allegations of battery, assault, and contribution. She raised several affirmative defenses. This includes consent, comparative fault, assumption of risk, and self-defense. It is argued that the contribution is not found if Cardi B engaged in intentional misconduct.
The case now proceeds into discovery. Cardi B’s contribution claim remains intact while both sides preserve their competing factual and legal defenses.
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