Scarlett Pavlovich‘s lawsuit against best-selling author and comic book writer Neil Gaiman was dismissed without prejudice on Friday, October 3. James D. Peterson, the district judge for the Western District of Wisconsin (where Gaiman owns a home), granted the author’s motion to dismiss the case, ruling New Zealand, where Gaiman’s alleged assault of Pavlovich took place, was a more appropriate venue to file the suit. Her lawyers have filed an appeal.
In the ruling, Peterson stated, “All relevant evidence and most potential witnesses are located in New Zealand. Gaiman and Amanda Palmer (Gaiman’s wife) now live in the United States, but both of them have agreed to accept service [ie. work with authorities] in New Zealand.”
He continued, “Under these circumstances, it is clear that New Zealand is the more appropriate forum for resolving this dispute, so the court will dismiss the case without prejudice. If Pavlovich sues Gaiman in New Zealand, and he refuses to accept service there, Pavlovich may move to reopen this case.”
A ruling “without prejudice” means that Pavlovich can refile the lawsuit. In this context, the most likely scenario would be to refile in another jurisdiction (inside or outside the U.S.) should Pavlovich’s appeal fail.
Pavlovich, who worked as a nanny for Gaiman and Palmer in 2022, filed suit against the couple (who separated after the alleged abuse occurred) in February, bringing nine charges of human trafficking (or conspiring to commit it), sexual assault and battery, negligence, and emotional distress.
The lawsuit against Palmer, which was filed separately in her home state of Massachusetts, is still proceeding, although Palmer has also filed a motion to dismiss the case. Pavlovich’s lawyers had previously characterized her as refusing to cooperate with the New Zealand police’s investigation into the claims in the lawsuit.
You can read Judge Peterson’s full ruling here, though as always, reader discretion is strongly advised, because he outlines the “disturbing” context of the lawsuit. Gaiman is also currently suing his former tenant Caroline Wallner, alleging she broke a non-disclosure agreement (NDA) with regard to a relationship they had from 2018 to 2020. Wallner claims Gaiman coerced her into that relationship.
For the full breakdown of the original sexual misconduct allegations about Gaiman, head here.
