Image
Review

Judge sides with Will Smith, dismisses retaliation lawsuit

Brian King Joseph claimed Will Smith and the actor's management company wrongfully fired him for reporting sexual harassment in 2025.

A California judge dismissed a lawsuit from Will Smith's former violinist, who claimed he was fired after reporting sexual harassment during the actor's music tour in 2025.

On May 4, Los Angeles County Superior Court Judge Michael Shultz issued a ruling, obtained by USA TODAY, granting Smith and his company, Treyball Studios Management, their request to dismiss Brian King Joseph's Dec. 30 lawsuit for lack of legal basis.

USA TODAY reached out to Smith's and Joseph's attorneys for comment.

Start the day smarter. Get all the news you need in your inbox each morning.

In the lawsuit, Joseph alleged that Smith and the actor's management company wrongfully fired him as he was performing on the rapper's "Based on a True Story" 2025 tour in retaliation for reporting sexual harassment. Joseph said he returned to his Las Vegas hotel room during the first leg of the tour and found a handwritten note addressed to him, along with other belongings that were not his.

According to the lawsuit, the incident left Joseph "afraid an unknown individual would soon return to his room to engage in sexual acts."

After reporting the incident to hotel security and tour management, Joseph claimed he was let go before the next tour leg and replaced by another violinist.

In his order, Shultz determined that Joseph failed to "adequately allege conduct that is sufficiently severe" or part of a pattern of harassment that would "create an abusive working environment." As a result, the judge wrote, none of the musician's claims "survive demurrer" by Smith and his company.

Joseph's legal team has 30 days to amend his lawsuit before the case is terminated.

A self-taught musician, Joseph began performing at age 4, according to the violinist's official website. In 2018, he landed a spot on Season 13 of "America's Got Talent" and wowed the judges with his lively violin cover of the Major Lazer and DJ Snake dance hit "Lean On," earning an emotional hug and kiss on the cheek from Heidi Klum.

After receiving four yeses from the judges, the musician rocketed to the top of the talent show competition, placing third behind acrobatic group Zurcaroh and magician Shin Lim.

Contributing: Edward Segarra

If you or someone you know has experienced sexual violence, RAINN's National Sexual Assault Hotline offers free, confidential, 24/7 support to survivors and their loved ones in English and Spanish at 800.656.HOPE (4673) and Hotline.RAINN.org and en Español RAINN.org/es.

This article originally appeared on USA TODAY: Judge sides with Will Smith, dismisses retaliation lawsuit

logo logo

“A next-generation news and blog platform built to share stories that matter.”