A Chicago federal judge has again refused to stop a defamation suit against one of Jussie Smollet's attorneys, filed by the Nigerian brothers who police said helped Smollet fake a racist attack, saying the attorney "rehashed" failed arguments from earlier this year.
District Judge Mary Rowland laid down the ruling Oct. 8 in U.S. District Court for the Northern District of Illinois.
In April 2019, brothers Abimbola and Olabinjo Osundairo sued celebrity attorneys Mark Geragos and Tina Glandian, of the Los Angeles firm of Geragos & Geragos.
Tina Glandian
| Geragos & Geragos
In January 2019, Jussie Smollet told Chicago Police he was jumped by two masked men, who put a noose on him and uttered slurs. Police came to question the Osundairo brothers, who said the attack was a hoax they helped Smollet stage. Glandian and Geragos represented Smollet.
Smollet was charged, but the charges were later dropped by Cook County State's Attorney Kim Foxx. In the days after charges were dismissed, Glandian was interviewed on NBC’s "The Today Show" and ABC’s "Good Morning America," saying Smollet was innocent and the brothers had attacked him while wearing “whiteface,” according to the suit.
Glandian and Geragos then spoke on a podcast, "Reasonable Doubt." Glandian alleged the brothers were involved in steroid trafficking and suggested one brother, Abimbola, engaged in sexual acts with Smollet, the suit said. Geragos alleged both brothers attacked Smollet, according to the suit.
The brothers claimed the statements were false and harmed them.
In March 2020, Judge Rowland determined most of the allegations were too vague, throwing them out, but did find Glandian's alleged "whiteface" statement to be precise enough to merit further proceedings.
Glandian asked Rowland to reconsider and toss the entire suit, contending the "whiteface" remark was not put in proper context. Specifically, Glandian said that elsewhere in the interview in which the statement was made, she said she did not know the identities of the attackers or their motives.
Rowland was not impressed.
"This is a rehash of arguments already considered by the Court. The Court read the Whiteface Statement in the context of the entire interview and stands by its conclusion that the statement plausibly supports claims for defamation and false light," Rowland said.
Rowland acknowledged Glandian "hedged" during the interview as to identifying the alleged assailants or assigning motives, but nonetheless Glandian did "narrate a version of events implicating the Osundairos."
Rowland further acknowledged that although Glandian never used the words "battery," "attack" or "hate crime," Glandian's narrative maintains the brothers assaulted Smollet, implying they engaged in a hate crime.
The brothers are represented by the Chicago firms of Gregory E. Kulis and Associates; Gloria Law Group; and Law Offices of James D. Tunick.
Geragos, Glandian and their firm are defended by the Chicago firm of Baron Jarris Healey.