Today, Steelers quarterback Ben Roethlisberger will be filing a motion to dismiss the lawsuit filed against him by a Nevada woman claiming sexual assault.
The motion, we’re told, will advance various arguments in support of the entry of judgment in Roethlisberger’s favor.
One of the arguments will focus on the failure of the plaintiff to join Harrah’s as a defendant. (The rules of civil procedure in most jurisdictions allow for motions to dismiss to be filed based on the failure to join an “indispensable” party.)
As we hear it, the Roethlisberger camp thinks that Harrah’s was omitted from the filing because the injury was work related, and that the plaintiff’s exclusively remedy arguably is a claim for workers’ compensation benefits.
Roethlisbeger, through lawyer David Cornwell, recently called on the plaintiff to abandon her case based on e-mail messages that seem to significantly undermine her claims.