Cleveland Browns quarterback Deshaun Watson told reporters Wednesday that he was unaware he would be sued Monday, but the plaintiff’s attorney, Tony Buzbee, said he contacted Watson’s attorneys 10 months ago to discuss a possible settlement.
The discrepancy between these timelines suggests that either Watson or Buzbee is lying, or that Watson, oddly enough, has not been kept informed of ongoing litigation.
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If Sporty In detail, the latest complaint accuses Watson of sexual assault and battery, and intentional emotional distress. Identified under the pseudonym Jane Doe, the plaintiff says Watson attacked her in October 2020 at her Harris County, Texas, apartment. Watson and his lead attorney, Rusty Hardin, deny the allegations. Hardin released a statement Wednesday predicting his client would be exonerated as the plaintiff’s allegations are investigated through the legal process.
Watson, who has settled 23 of 24 sexual misconduct lawsuits filed by massage therapists, said he “found out” about the allegations “right when everyone else was finding out.” Watson therefore claims he was unaware he would be sued.
But Buzbee appears to dispute that narrative, saying that “we have been in contact with attorney Rusty Hardin’s office for 10 months in an attempt to resolve this matter” and that his client, Jane Doe, “wanted to seek a private resolution.” Buzbee claims that Watson’s attorneys “could not or would not give this matter the attention it deserved” and that it is now “too little, too late” for Hardin to reach out.
A complaint is typically filed only after the plaintiff has tried, and failed, to resolve the matter privately with the defendant through settlement. There are often weeks or months of settlement discussions, which usually begin with the plaintiff’s attorney sending a letter to the defendant’s attorney demanding money or a change in activity (or both).
Even if a defendant believes he has done nothing wrong, he may agree to a settlement to avoid both the risk of a lawsuit, which he might lose, and—especially important for celebrities—the public spectacle of lawsuits in which he would face reputationally damaging accusations. A defendant’s insurance company, aware of the risks, litigation costs, and the prospect of having to pay a civil judgment, also sometimes pressures a defendant to settle and, depending on the wording of an insurance policy, can effectively take control of the lawsuit.
Watson has plenty of reasons to avoid a sexual misconduct lawsuit, so the idea that his lawyers failed to inform him of Jane Doe’s demands is particularly baffling.
In 2022, the NFL suspended Watson for 11 games and ordered him to pay a $5 million fine for conduct detrimental to the league, related to allegations of sexual misconduct with massage therapists. The punishment was the result of a negotiated settlement between the NFL and NFLPA after neutral hearing officer Sue Robinson ruled that Watson had engaged in “predatory conduct.”
Watson may sincerely believe that Jane Doe’s lawsuit is frivolous and an opportunistic extortion. Still, the quarterback would have some incentive to avoid the specter of yet another lawsuit accusing him of sexual misconduct.
Watson would likely want to at least weigh the merits of a settlement before it becomes a lawsuit, and thus a public controversy. The allegation, now public as a result of the filing of the complaint, will lead to a new NFL investigation. The NFL will investigate the possibility that a player who the league previously found to have committed multiple acts of sexual misconduct has committed sexual misconduct again. That is not a good combination of factors for Watson. If the NFL finds Watson to be a repeat offender of the league’s personal conduct policy, he could face a particularly lengthy suspension.
In addition to the prospect of a new NFL investigation, Watson has a guaranteed $230 million contract that should protect him from new allegations.
Watson’s contract is a private document, but Sports Illustrated says it obtained the agreement and shared some provisions. The Browns could find Watson in default if the team or the NFL suspend him for harmful conduct, if he is found to have engaged in conduct that reflects poorly on the Browns or if he has failed to engage in conduct that could subject him to criminal prosecution or make him unavailable.
Watson has not been charged with a crime, and there is no indication that the new allegation will result in charges, but the prospect that he may be found guilty of damaging conduct is within the realm of possibility. That is why avoiding a lawsuit and opening an NFL investigation is so important. It is hard to imagine that Watson (based on what he has told the media) will not be given the opportunity to consider a pre-trial settlement.
Don’t expect a quick resolution unless Watson and the plaintiff reach a settlement that includes confidentiality provisions. Litigation moves slowly, and NFL investigations can take months or longer. If the Browns ultimately seek to void Watson’s contract, the NFLPA would fight aggressively on Watson’s behalf to protect that contract, with the union arguing that the Browns lack the requisite evidence to invoke a termination clause. The dispute would likely proceed to mandatory arbitration long before it could ever go to court.
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