As previously reported, Cardi B came out victorious in the civil lawsuit against her for the cover art of her 2016 mixtape, “Gangsta B*tch Music Vol. 1.” The rapper was cleared of any wrongdoing on October 21, 2022, after a panel of four men and four women ruled that her company Washpoppin Inc. wasn’t liable to the plaintiff–Kevin Michael Brophy who alleged he suffered shame and embarrassment from seeing his back tattoo on a male model for her project cover.
The lawsuit was initially filed by Brophy in 2017 after the rapper allegedly didn’t answer a cease-and-desist letter. In his suit, he named Washpoppin Inc. and Cardi B’s former manager Raphael and his record label KSR Group and was seeking compensatory, punitive, and non-economic damages for the misappropriation of his likeness. He noted the violation of California Civil Code Section 3344 and the false light invasion of privacy. Although the cover art included the exact tiger and snake from Brophy’s tattoos, it didn’t include other features like waves, rose petals, or the phrase “Born to Lose.” According to Digital Music News, Cardi B testified that she never chose that specific design for the tattoo, but she wanted the model’s back edited for the album cover because he had too many pimples.
Cardi’s lawyers had also told jurors at the time that Brophy’s tattoo was actually changed into another piece of art that’s protected by the First Amendment. After the jury deliberated for about 90 minutes on Oct. 21, they eventually sided with Cardi. Now, according to a new update by journalist who has been following the case closely, Mr. Brophy will now pay Cardi $350,000 and withdraw his motion for a new trial under an agreement filed Monday in federal court. The money likely covers only a small part of Cardi’s attorneys’ fees, Meghann M. Cuniff notes, which includes money paid to an attorney in Santa Monica whose health problems led to a trial delay and an order from Carney that the rapper find new counsel.
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Cuniff also reported that Cardi’s lawyers never filed an official opposition to the motion or a motion for attorney fees. However, they went ahead to work out a deal that was announced on Monday.
“The parties now have reached an agreement avoiding the necessity of Defendants’ motion for attorney’s fees and application to tax costs and Plaintiff’s New Trial Motion, and that agreement includes the entry of the accompanying proposed Order withdrawing Plaintiff’s New Trial Motion, withdrawing any claim by Defendants for attorney’s fees and costs to be awarded other than as set forth in the Order, and waiving appeal rights,” Cuniff quotes citing the stipulation.
Cardi B has previously expressed gratitude to her legal team after initially beating the car last year. After the ruling, the Grammy award-winning rapper tweeted to her followers. “I just won this lawsuit …Im soo emotional right now 🥲…I wanna kiss God’s feet right now …..IM BEYOND GRATEFUL!!!!”