#MeToo/#TheyLied Settlements, Arbitration, and Rescission
Reiterman v. Abid, decided today by the Eleventh Circuit (in an opinion by Judge Gerald Bard Tjoflat, joined by Judges Elizabeth Branch and Britt Grant), involves a sexual assault allegation which led to a libel lawsuit, and which in turn led to a settlement agreement calling for arbitration. The question is whether the settlement agreement was rescinded, so that the libel plaintiff (Reiterman) could again sue the initial accuser (Abid):
{We make no comment on the truth or falsity of any of the background facts of this case, as the merits of Reiterman’s claims are not before us on appeal. For context purposes only, we summarize the facts of the merits dispute as they have been presented by the parties to this Court on appeal.}
Abid and Reiterman first met in 2014 in Tampa, Florida. At the time, Reiterman worked as an LSAT teacher for the test preparation company TestMasters. Abid was one of Reiterman’s students, and the two briefly dated. After the relationship ended, Abid accused Reiterman of sexual assault. This accusation resulted in an investigation by the Tampa Police Department, which ultimately declined to charge Reiterman. The Florida Attorney General’s Office also declined to intervene after reviewing the case at Abid’s request.
Abid then allegedly engaged in a pervasive, anonymous internet campaign to ruin Reiterman’s reputation by writing several blogposts accusing Reiterman of sexually assaulting multiple women. Each of these blogposts was ostensibly written by a different woman. The District Court would later describe this campaign as “remarkably extensive and forceful, in effect seeking to destroy Reiterman by painting him in the most graphic terms as a racist and a serial rapist.” These allegations severely affected Reiterman’s reputation while attending Harvard Law School from 2015 to 2018 and continue to impair his ability to obtain gainful employment.
On April 4, 2018, Reiterman sued Abid in the Middle District of Florida, claiming that she had defamed him by creating all or some of the anonymous blogposts. Abid denied involve
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