The matter was ruled as being beyond US jurisdiction since all the incidents occurred in NZ
Wisconsin-based US District Judge James Peterson has passed the sexual assault suit involving author Neil Gaiman to New Zealand on the grounds that the US does not have jurisdiction to rule on the case, reported the NZ Herald.
Scarlett Pavlovich, who was once a nanny employed by Gaiman, had filed a suit against the author and his ex-wife, musician Amanda Palmer, in Wisconsin court in February. Peterson did not pass judgment on the facts of her case but determined that the incidents she raised occurred outside the US and therefore could not be litigated there.
“The only connection that Wisconsin or the United States has with this lawsuit is that Gaiman has a residence in this state and he may live here currently”, the judge said in court documents on his ruling, snippets of which were published by the Herald. “All of the relevant events occurred in New Zealand, Pavlovich is a New Zealand citizen, both parties were living in New Zealand during the relevant time, all relevant evidence and most potential witnesses are located in New Zealand”.
Peterson said that given these circumstances, New Zealand was “the more appropriate forum for resolving this dispute”. He dismissed the case without prejudice, allowing Pavlovich to take her claim to New Zealand.
“Gaiman and Palmer are both objecting to being sued in the United States, and they have agreed to submit to the jurisdiction of New Zealand and testify there”, the judge said in a statement published by the Herald. “If Pavlovich sues Gaiman in New Zealand, and he refuses to accept service there, Pavlovich may move to reopen this case”.
In March, Gaiman had filed a motion to dismiss Pavlovich’s claim on the grounds that it should have been filed in New Zealand. Pavlovich had also sued Palmer in Manhattan and Boston federal courts.
