Massage therapist Kellye Croft has refiled sexual assault claims against Harvey Weinstein and New York Knicks owner James Dolan in New York state court, bringing back allegations that were previously part of a federal sex trafficking lawsuit dismissed in California.
Croft filed the complaint Friday in New York County Supreme Court, accusing Dolan of sexual battery and Weinstein of sexual assault and attempted rape. She also claims Dolan aided and abetted Weinstein by arranging the encounter that led to the alleged assault. Croft is seeking compensatory and punitive damages and has demanded a jury trial.
The lawsuit follows Croft's unsuccessful effort to pursue a federal sex trafficking case over the same underlying events. U.S. District Judge Percy Anderson dismissed the trafficking claims with prejudice in 2024, while dismissing her state sexual assault and battery claims without prejudice, allowing her to bring those claims again in another court.
The Ninth Circuit upheld the trafficking dismissal in December 2025. The appeals court found that Croft had failed to plausibly allege the fraud or coercion required under the federal trafficking statute and did not address the merits of the state tort claims.
Croft, now 39, says the events began in 2013, when she was a 27-year-old licensed massage therapist working on the Eagles' "History of the Eagles" tour. Dolan's band, JD & The Straight Shot, opened for the Eagles during portions of the tour.
According to the complaint, Dolan first forced himself on Croft during a professional massage in Miami and later pressured her into additional unwanted sexual encounters. She claims his position and influence over the tour left her afraid that rejecting him could jeopardize her career opportunities.
Croft later traveled to Los Angeles, where she says she stayed at the same Beverly Hills hotel as Dolan and his band. She alleges Dolan had spoken to Weinstein about her before the film producer approached her at the hotel.
Weinstein allegedly offered to discuss massage work on film productions and invited Croft to his suite. The complaint says she left after he made sexual advances, but Weinstein followed her to her room, forced his way inside and sexually assaulted her while attempting to rape her.
Afterward, Croft says she told Dolan what had happened. She alleges he described Weinstein as a "troubled person" who "has problems" and said his friends were trying to get him help.
The alleged conversation is central to Croft's claim that Dolan aided and abetted Weinstein. She argues that Dolan knew about concerns surrounding Weinstein's behavior and facilitated the meeting between them.
The new case contains three claims: sexual battery against Dolan, sexual assault and attempted rape against Weinstein, and aiding and abetting sexual assault and attempted rape against Dolan.
A key legal issue is whether Croft can pursue allegations stemming from conduct more than a decade ago. Her complaint invokes California's Sexual Abuse and Cover-Up Accountability Act, which revived certain adult sexual assault claims arising from conduct dating back to 2009. One revival provision allows qualifying claims to be filed through Dec. 31, 2026.
Croft filed the case in New York while relying on California law for the revived assault claims. The complaint says New York is a proper venue because Dolan lives and works in the state and Weinstein resided there before his incarceration.
A separate dispute could involve a release Dolan received through The Weinstein Company's bankruptcy proceedings. Croft says she did not participate in the bankruptcy, consent to releasing claims against Dolan or receive anything in exchange for a release.
Her attorneys argue that the release cannot bar the lawsuit under the U.S. Supreme Court's 2024 ruling in Harrington v. Purdue Pharma, which restricted bankruptcy courts from approving certain releases that protect non-debtors from claims without the affected parties' consent. The issue could become significant if Dolan invokes the Weinstein Company bankruptcy as a defense.
Weinstein has denied Croft's allegations. His spokesperson said the accusations were previously brought in federal court and maintained that Weinstein did not sexually assault or attempt to rape her.
A spokesperson for Dolan also rejected the lawsuit, calling it meritless and saying it would be dismissed. Dolan denied Croft's allegations when she first brought them in 2024.
The case is now at an early stage in New York state court, where Weinstein and Dolan can respond to the complaint or seek its dismissal.
