Judge lets Bill Cosby sue rape accuser, but not for talking to law enforcement

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Judge rules Cosby accuser will not have to testify before trial

On Monday, Bill Cosby got a mixed ruling in his civil lawsuit against former Temple University employee Andrea Constand and her attorneys. A Pennsylvania federal judge has thrown out one key claim the embattled entertainer has made, but allowed others to move forward. Additionally, Cosby is being allowed to sue the parent company of National Enquirer.

Constand is the woman whose rape allegations have Cosby facing a pending criminal proceeding in the state. After the District Attorney brought charges this past December against Cosby over a sexual abuse alleged to have happened back in 2004, Cosby returned fire with a civil lawsuit against Costand, her mother, her attorneys Delores Troiani and Bebe Kivitz, as well as American Media for allegedly breaching the confidentiality provision of a 2006 settlement agreement.

In a ruling today, U.S. District Judge Eduardo Robreno has granted a motion to dismiss as it pertains to Constand, her mother, and her lawyers talking to law enforcement.

List of accusers against Bill Cosby:

33 PHOTOS
List of Accusers Against Bill Cosby
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List of Accusers Against Bill Cosby

Linda Ridgeway Whitedeer

Date of alleged assault: Early 1970's
Date of accusation: August 12, 2015

(Photo by MARK RALSTON via AFP/Getty Images)

Former actress Eden Tirl

Date of alleged assault: Early 1970's
Date of accusation: August 12, 2015

(Photo by MARK RALSTON via AFP/Getty Images)

Colleen Hughes

Date of alleged assault: Early 1970's
Date of accusation: August 12, 2015

(Photo by MARK RALSTON via AFP/Getty Images)

Lise-Lotte Lublin

Date of alleged assault: 1989
Date of accusation: February 12, 2015 

(Photo by Frederick M. Brown/Getty Images)

Linda Brown

Date of alleged assault: 1969
Date of accusation: February 12, 2015 i. (Photo by Frederick M. Brown/Getty Images)

Katherine McKee

Date of alleged incident: 1970s
Date of accusation: Dec. 22, 2014

(NY Daily News)

"Lisa"

Date of alleged incident: 1988
Date of accusation: Dec. 19, 2014

(Dr.Phil)

Beverly Johnson

Date of alleged incident: mid-’80s
Date of accusation: Dec. 11, 2014

(Getty)

Helen Hayes

Date of Alleged Assault – 1973
Date of Accusation – Dec. 3, 2014

(AP Photo/Damian Dovarganes)

Beth Ferrier

Date of Alleged Assault – 1984
Date of Accusation – June 23, 2005

(AP)

Chelan

Date of Alleged Assault – 1985
Date of Accusation – Dec. 3, 2014

(AP Photo/Damian Dovarganes)

Judy Huth

Date of Alleged Assault – 1974
Date of Accusation – Dec. 2, 2014

(AP Photo/Anthony McCartney, File)

Jewel Allison

Date of Alleged Assault – late 1980s
Date of Accusation – Nov. 24, 2014

(Photo by Debbie Egan-Chin/NY Daily News via Getty Images)

Linda Joy Traitz

Date of Alleged Assault – 1970s
Date of Accusation – Nov. 22, 2014

(Facebook)

Angela Leslie

Date of Alleged Assault – 1992
Date of Accusation– Nov. 21, 2014

(Facebook)

Victoria Valentino

Date of Alleged Assault – 1970
Date of Accusation – Nov. 21, 2014

(Photo by Marvin Joseph/The Washington Post via Getty Images)

Louisa Moritz

Date of Alleged Assault – 1971
Date of Accusation – Nov. 20, 2014

(Photo by ABC Photo Archives/ABC via Getty Images)

Michelle Hurd

Date of Alleged Assault – mid 1990s
Date of Accusation – Nov. 20, 2014

(Photo by Jason LaVeris/FilmMagic)

Therese Serignese

Date of Alleged Assault – 1976
Date of Accusation – Nov. 20, 2014
(AP Photo/J Pat Carter)

Janice Dickinson

Date of Alleged Assault – 1982
Date of Accusation – Nov. 18, 2014

(Photo by Jordan Strauss/Invision/AP)

Barbara Bowman

Date of Alleged Assault – 1986
Date of Accusation – Nov. 13, 2014

(Getty)

Marcella Tate

Date of Alleged Assault – 1975
Date of Accusation – 2015

(Photo by Kevork Djansezian/Getty Images)

Joan Tarshis

Date of Alleged Assault – 1969
Date of Accusation – 2014

(Matt Moyer For The Washington Post via Getty Images)

Margie Shapiro 

Date of Alleged Assault – Early 1970's
Date of Accusation – 2015

(Photo by Kevork Djansezian/Getty Images)

Lynn Neal

Date of Alleged Assault – 1980's
Date of Accusation – 2015

(Photo by Kevork Djansezian/Getty Images)

Sammie Mays

Date of Alleged Assault – Mid 1980's
Date of Accusation – 2015

(Photo by Noam Galai/Getty Images)

Linda Kirkpatrick

Date of Alleged Assault – 1981
Date of Accusation – 2015

(Photo by Kevork Djansezian/Getty Images)

Janice Baker Kinney

Date of Alleged Assault – 1982
Date of Accusation – 2015

(Photo by Kevork Djansezian/Getty Images)

Kacey

Date of Alleged Assault – Early 1990's
Date of Accusation – 2015

(Photo by Kevork Djansezian/Getty Images)

Tamara Green

Date of Alleged Assault – 1970's
Date of Accusation – 2005

(AP Photo/Jessica Hill)

Chloe Goins

Date of Alleged Assault – 2008
Date of Accusation – 2015

(AP Photo/Nick Ut, File)

Autumn Burns

Date of Alleged Assault – 1970
Date of Accusation – 2015

(Photo by Kevork Djansezian/Getty Images)

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Although the settlement agreement prohibited Constand and her reps from disclosing any aspect of her prior litigation against Cosby, the judge agrees with Troiani and Kivitz that such confidentiality is unenforceable because it violates public policy by purporting to prevent individuals from providing information concerning alleged criminal conduct.

Cosby argued from a reading of prior cases that public policy only prevented disclosures elicited through a subpoena, but Robreno rules that Cosby hasn't cited any support for the proposition that parties can be bound against voluntary disclosures to law enforcement officers.

As such, Cosby loses that aspect of his breach-of-contract claim, but he experiences better luck on how Constand's lawyers allegedly violated confidentiality by participating in the release of Cosby's decade-old deposition —the now infamous one where he admitted giving women drugs for the purpose of sex.

Troiani and Kivitz contended that they played no role in the release of the deposition transcript and that the court reporting service that leaked the transcript wasn't their vendor. But the judge says these are factual issues that can't be resolved at this preliminary stage.

Photos of Bill Cosby through the years:

52 PHOTOS
Bill Cosby through the years
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Bill Cosby through the years
Actor and comedian Bill Cosby is shown circa 1960s. (AP Photo)
Bill Cosby, co-star of television’s “I Spy” series, holds a golden apple awarded him by the Hollywood Women’s Press Club in Hollywood, Los Angeles on Dec. 21, 1966 as the most cooperative actor of the year. The presentation was made by actress Dorothy Malone, last year’s winner as most co-operative actress. Phyllis Diller, now in South Viet Nam on an entertainment tour, was named this year’s most cooperative actress. Sour apple awards for being the least cooperative went to Natalie Wood and Elvis Presley. (AP Photo/ERB)
Nina van Pallandt, European singer who figures prominently in the Clifford Irving-Howard Hughes autobiography case, reacts during taping of interview on the Dick Cavett Show in New York on Feb. 16, 1972. Comedian Bill Cosby is at right. (AP Photo/John Lent)
July 1973: The actor, Bill Cosby, in Perth. (Photo by Hulton Archive/Getty Images)
Actress Farrah Fawcett and comedian Bill Cosby are shown at the Challenge of the Sexes tournament in Mission Viejo, Calif., April 4, 1977. (AP Photo/Jeff Robbins)
Jack Paar, Bill Cosby and Renee Richards at Forest Hills celebrity tennis tournament in New York on August 27, 1977. (AP Photo/Marty Lederhandler)
Comedian, actor and author Bill Cosby poses on Oct. 25, 1982 at an unknown location. (AP Photo)
John H. Johnson, publisher of Let and Ebony magazines, left, and actor Bill Cosby, center, join the Rev. Jesse Jackson at a benefit reception for Operation PUSH, in Chicago, Ill., on April 1, 1982. (AP Photo)
Comedian Bill Cosby, right, jokingly plays a game of tug-of-war with Governor Dick Thornburgh as Cosby was presented the Distinguished Pennsylvania Artist award during ceremonies at the State Capitol in Harrisburg, Pennsylvania on Tuesday, May 8, 1984. Thornburgh presented Cosby the award for his gift of humor which has helped people overcome racial and social barriers. Cosby was born in Philadelphia and spent his childhood years there. (AP Photo/Fred Prouser)
Entertainer Bill Cosby looks over a bust of the Reverend Jesse L. Jackson at a push for excellence fundraiser in Chicago on Sunday, April 9, 1984. Jackson was presented the Push for Excellence Frederick Douglass Memorial Award for his “service in the cause of human rights and social justice.” (AP Photo/Mark Elias)
Comedian Bill Cosby and former President Jimmy Carter pose with members of the cast of a new TV program, Aug 29, 1985 in Atlanta, being aimed at children to teach them the dangers of tobacco, alcohol and not wearing seat belts. (AP Photo/Joe Sebo)
Comedian Bill Cosby, right, is joined by Manhattan borough President David Dinkins at News York?s Pierre Hotel on Wednesday, Feb. 12, 1986. Cosby was in New York to promote a new line of dolls manufactured by Mattel. (AP Photo/Frankie Ziths)
NEW YORK, NY - JANUARY 16: Actor Bill Cosby leaves his New York City home accompanied by his wife, Camille (L,) and a young woman with her hands over her face, believed to be one of his four daughters, enroute to Los Angeles, CA, 16 January 1997 after his son Enis William Cosby was found shot to death along a California freeway. The young Cosby, 28, was found in a pool of blood after he stopped to change a flat tire. (Photo credit should read BOB STRONG/AFP/Getty Images)
WASHINGTON, : Actor and comedian Bill Cosby (R) and his wife Camille arrive at the White House 06 December for a reception prior to being honored at the 21st annual national Kennedy Center Honors. Cosby and the other honorees will be saluted later 06 December at a performance in the Kennedy Center's Opera House. AFP PHOTO/CHRIS KLEPONIS (Photo credit should read CHRIS KLEPONIS/AFP/Getty Images)
NEW YORK, UNITED STATES: Co-hosts Oprah Winfrey and Bill Cosby joke with each other during the opening of the 2000 Essence Awards 14 April, 2000 at Radio City Music Hall in New York City. Actor Danny Glover and basketball star Michael Jordan were two of the honorees at the ceremonies sponsored by Essence Magazine. AFP PHOTO/Matt CAMPBELL (Photo credit should read MATT CAMPBELL/AFP/Getty Images)
386603 06: Rachel Robinson and Actor Bill Cosby, who was the Master of Ceremonies, share a moment March 12, 2001 at The Jackie Robinson Foundation 2001 Awards Dinner at The Waldorf Astoria Hotel in New York City. (Photo by George De Sota/Newsmakers)
NEW YORK, UNITED STATES: Actor Bill Cosby arrives at the NBC 75th Anniversary Special at Rockefeller Plaza in New York 05 May 2002. The actual anniversary fell on 15 November, 2001. AFP PHOTO Doug KANTER (Photo credit should read DOUG KANTER/AFP/Getty Images)
WASHINGTON, DC - JULY 9: Actor Comedian Bill Cosby shows off the Presidential Medal of Freedom he received from U.S. President George W. Bush during a ceremony July 9, 2002 at the White House in Washington, DC. The medal is the highest civilian award given to those who have made meritorious contributions to the security or national interests of the United States, to world peace, or to cultural or other significant public or private endeavors. (Photo by Mark Wilson/Getty Images)
PHILIDELPHIA - MAY 22: Comedian and member of the Board of Trustees of Temple University Bill Cosby enters the arena prior to speaking to the graduates of the Class of 2003 at Temple University's commencement ceremony in The Liacouras Center May 22, 2003 in Philadelphia, Pennsylvania. (Photo by Don Murray/Getty Images)
LOS ANGELES - SEPTEMBER 21: Actor Bill Cosby poses backstage with his 'Bob Hope Humanitarian' award during the 55th Annual Primetime Emmy Awards at the Shrine Auditorium September 21, 2003 in Los Angeles, California. (Photo by Carlo Allegri/Getty Images)
PHILADELPHIA - DECEMBER 12: Comedian Bill Cosby introduces the film 'Fat Albert' at Temple University's Liacouras Center for the world premiere of 'Fat Albert' December 12, 2004 in Philadelphia, Pennsylvania. The film, based on Bill Cosby's 'Fat Albert' cartoon series of the 70's, opens nationwide Christmas day. (Photo by William Thomas Cain/Getty Images)
NEW YORK - DECEMBER 11: Comedian Bill Cosby performs at the Apollo Theater on December 11, 2005 In New York City. (Photo by Brad Barket/Getty Images)
WASHINGTON - OCTOBER 14: (AFP OUT) Entertainer Bill Cosby speaks during a taping of 'Meet the Press' at the NBC studios October 14, 2007 in Washington, DC. Cosby spoke on the new book he co-authored 'Come On, People: On the Path from Victims to Victors.' (Photo by Alex Wong/Getty Images for Meet the Press)
Entertainer Bill Cosby shakes hands with a student after attending a news conference on the steps of John McDonogh High School in New Orleans, Tuesday afternoon, Jan. 30, 2007. The high school is among the city's most desperate, run-down schools. In October, Cosby visited McDonogh to force a dialogue with state educators over the building's condition and the overall education of students. Cosby lent his celebrity status to a group pushing for improvements to the city's school system, which is suffering from teacher shortages and overcrowded classrooms. Children are paying the consequences, Cosby said. (AP Photo/Bill Haber)
NEW YORK - NOVEMBER 19: Bill Cosby arrives at the Esquie Magazine and Village Academies event honoring Bill Cosby at Esquire North November 19, 2007 in New York City. (Photo by Rob Loud/Getty Images)
Comedian Bill Cosby, right posses for photographers with Temple University football head coach Al Golden during a news conference in Philadelphia, Tuesday, July 31, 2007. Cosby, a former Temple football player, participated in a news conference to unveil new Temple football uniforms. (AP Photo/Matt Rourke)
** FILE ** In this Feb. 27, 2008 file photo, Bill Cosby, perennial host of the Playboy Jazz Festival, right, and Playboy impresario Hugh Hefner greet each other at a party to announce the lineup of the upcoming 30th annual festival, at the Playboy Mansion in Los Angeles. (AP Photo/Reed Saxon)
Comedian Bill Cosby speaks at a conference for community organizations in Newark, N.J., Thursday, May 1, 2008. Cosby spoke about the responsibilities of families in raising children. (AP Photo/Mike Derer)
WASHINGTON - OCTOBER 26: Comedian Bill Cosby poses for photographers at the 12th annual Mark Twain Prize for American Humor at the John F. Kennedy Center on October 26, 2009 in Washington, DC. Cosby is this year's honoree. (Photo by Brendan Hoffman/Getty Images)
Comedian Bill Cosby performs on stage at The Kennedy Center during a musical birthday salute to Sen. Edward Kennedy, D-Mass., Sunday, March 8, 2009, in Washington. (AP Photo/Kevin Wolf)
NEW YORK - JUNE 08: Bill Cosby and his wife Camille Cosby speak onstage at the Apollo Theater 75th Anniversary Gala at The Apollo Theater on June 8, 2009 in New York City. (Photo by Bryan Bedder/Getty Images)
PHILADELPHIA - APRIL 6: Bill Cosby, Ed.D. poses for pictures before accepting the Marian Anderson Award at a gala concert produced in partnership with The Philadelphia Orchestra April 6, 2010 at the Kimmel Center for the Performing Arts in Philadelphia, Pennsylvania. (Photo by William Thomas Cain/Getty Images)
Actor and comedian Bill Cosby, Ed.D. , right, arrives at the Kimmel Center in Philadelphia, Tuesday, April 6, 2010, with Pamela Browner White, chairperson of the Marian Anderson Award, which was presented to Cosby. ( AP Photo/ H. Rumph Jr)
NEW YORK - MARCH 08: Comedian Bill Cosby attends the Jackie Robinson Foundation Annual Awards Dinner at the The Waldorf Astoria on March 8, 2010 in New York City. (Photo by Bryan Bedder/Getty Images for The Jackie Robinson Foundation)
LAS VEGAS - OCTOBER 09: Actor/comedian Bill Cosby speaks onstage during Andre Agassi Foundation for Education's 15th Grand Slam for Children benefit concert at the Wynn Las Vegas October 9, 2010 in Las Vegas, Nevada. The event raises funds to help improve education for underserved youth in the Las Vegas community. (Photo by Ethan Miller/Getty Images)
NEW YORK, NY - NOVEMBER 02: Comedian Bill Cosby promotes new book 'I Didn't Ask To Be Born: But I'm Glad I Was' at the Barnes & Noble, 5th Avenue on November 2, 2011 in New York City. (Photo by Slaven Vlasic/Getty Images)
NEW YORK, NY - APRIL 10: Bill Cosby accepts the Impact Award for 'The Cosby Show' with (L-R) actor Malcolm-Jamal Warner, presenter Stevie Wonder, actors Raven-Symone and Sabrina LeBeauf onstage at the 9th Annual TV Land Awards at the Javits Center on April 10, 2011 in New York City. (Photo by Larry Busacca/Getty Images)
NEW YORK, NY - MARCH 07: Host Bill Cosby speaks onstage at the 2011 Jackie Robinson Foundation awards gala atThe Waldorf=Astoria on March 7, 2011 in New York City. (Photo by Stephen Lovekin/Getty Images for The Jackie Robinson Foundation)
NEW YORK, NY - MAY 14: Bill Cosby performs during the Screen Gems Presents The Steve & Marjorie Harvey Foundation Gala at Cipriani Wall Street on May 14, 2012 in New York City. (Photo by Dimitrios Kambouris/Getty Images for Steve & Marjorie Harvey Foundation)
BOSTON, MA - SEPTEMBER 13: Actor Bill Cosby gestures to the crowd after throwing out the first pitch prior to the game between the Boston Red Sox and the New York Yankees on September 13, 2012 at Fenway Park in Boston, Massachusetts. (Photo by Jared Wickerham/Getty Images)
NEW YORK, NY - MARCH 05: Bill Cosby hosts the Jackie Robinson Foundation Awards Gala at The Waldorf=Astoria on March 5, 2012 in New York City. (Photo by Stephen Lovekin/Getty Images for The Jackie Robinson Foundation)
Entertainer Bill Cosby stands before he starts youth races on the infield during the Penn Relays athletics meet Friday, April 27, 2012 in Philadelphia. (AP Photo/Alex Brandon)
BEVERLY HILLS, CA - JUNE 15: Actor/comedian Bill Cosby speaks onstage during the 100th anniversary celebration of the Beverly Hills Hotel & Bungalows supporting the Motion Picture & Television Fund and the American Comedy Fund hosted by Bill Cosby at the Beverly Hills Hotel on June 15, 2012 in Beverly Hills, California. (Photo by Michael Buckner/Getty Images for BHH)
NEW YORK, NY - NOVEMBER 06: Bill Cosby performs at the 7th annual 'Stand Up For Heroes' event at Madison Square Garden on November 6, 2013 in New York City. (Photo by Jemal Countess/Getty Images)
WASHINGTON, DC - AUGUST 22: Bill Cosby speaks during the 55th Anniversary of Ben's Chili Bowl on August 22, 2013 in Washington, DC. (Photo by Kris Connor/Getty Images)
NEW YORK, NY - MARCH 04: Dr. Bill Cosby speaks onstage at the The Jackie Robinson Foundation Annual Awards' Dinner at the Waldorf Astoria Hotel on March 4, 2013 in New York City. (Photo by Stephen Lovekin/Getty Images for The Jackie Robinson Foundation)
LAS VEGAS, NV - SEPTEMBER 26: Comedian/actor Bill Cosby performs at the Treasure Island Hotel & Casino on September 26, 2014 in Las Vegas, Nevada. (Photo by Ethan Miller/Getty Images)
NEW YORK, NY - APRIL 26: Comedian Bill Cosby addresses the Press Room during the 2014 American Comedy Awards at Hammerstein Ballroom on April 26, 2014 in New York City. (Photo by Michael Loccisano/Getty Images)
AUSTIN, TX - MARCH 10: Actor/comedian Bill Cosby performs onstage at Funny Or Die Clubhouse + Facebook Pop-Up HQ @ SXSW - Day 2 on March 10, 2014 in Austin, Texas. (Photo by Jonathan Leibson/Getty Images)
NEW YORK, NY - APRIL 26: Comedian Bill Cosby attends 2014 American Comedy Awards at Hammerstein Ballroom on April 26, 2014 in New York City. (Photo by Michael Loccisano/Getty Images)
MELBOURNE, FL - NOVEMBER 21: Actor Bill Cosby performs at the King Center for the Performing Arts on November 21, 2014 in Melbourne, Florida. (Photo by Gerardo Mora/Getty Images)
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Additionally, the judge declines to reject a claim directed at Constand over two 2014 tweets and an interview with the Toronto Sun. In one tweet, Constand wrote, "I won't go away, there is a lot more I will say," and in the other, she wrote, "It's not that everybody just forgot about it, truth is nobody cared."

Constand argued that the tweets couldn't form the basis of a breach of contract because she didn't name Cosby.

"This argument is unavailing because, of course, a statement can be a reference to an individual or situation even if it does not explicitly say so," writes the judge. "Whether the tweets were in fact references to Cosby – and, if so, whether Constand breached the CSA by tweeting them – are questions to be answered at a later stage."

The woman accusing Cosby of rape also fails at the initial stage in making the argument that Cosby's own unclean hands in talking to the press prevents his claim. As Cosby has an unjust enrichment claim against her, she faces the possibility of having to give Cosby back the monetary proceeds of the settlement. Meanwhile, American Media — which was part of the decade-old Constand lawsuit over what it reported in National Enquirer — must also face Cosby's wrath over articles it more recently published on Constand's allegations and Cosby's deposition. The judge find that what's public is another question of fact that can't yet be resolved.

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