Expert: Demi Lovato's Punch Victim Has No Case

The back-up dancer that Demi Lovato allegedly punched has announced that she is seeking legal action against the Disney star but one legal expert tells Celebuzz that the dancer doesn't have much of a case.

Last week, Alex Welch released photos of bruises that she claims were caused by Demi after the star reportedly punched her while on tour with the Jonas Brothers in South America. Demi was sent to a treatment center shortly after the punching incident and Alex continued to dance with the JoBros as they finished up their tour, but now Alex says that her injuries warrant a lawsuit.

Alex's attorney, Donald Karpel, told RadarOnline that Alex will file a lawsuit against Demi next week. Donald also reports that the flame-haired dancer is seeking "punitive damages for assault, battery and for mental stress."

Stuart Slotnick, a shareholder at Buchanan Ingersoll & Rooney tells Celebuzz that it will most likely be difficult for Alex to win her case unless she can prove that she has suffered "real harm" because of Demi's punch. According to Stuart, bruises rarely constitute real damage.

"If people could sue one another for causing bruises, we would all be in a lot of trouble," Stuart says, "[If there isn't] some serious injury, a lawsuit may not be appropriate."

Stuart also says that it would be difficult for Alex to take Demi to court for an assault charge since Demi hasn't been charged with a crime.

"Generally the appropriate form of court [for assault cases] is in the criminal court, not the civil court."

Watch Demi and Alex dancing together during happier times in Camp Rock 2.

Stuart also tells Celebuzz that Alex hurt her case when she chose to continue touring with the Jonas Brothers immediately following the fight.

"The fact that she kept working shows that she didn't have any real damages," Stuart explains, "She [also] didn't have any real lost income because she kept on dancing ... There may be the perception that she thinks this case will be her lottery ticket but in the absence of real injures she's going to find out that this is not a winning ticket."

Watch Alex dancing with the JoBros during a performance of "Can't Back Down" in Chile on November 4, 2010, just a few days after she was allegedly punched by Demi. (She isn't hard to miss with her bright red hair, even with the shaky camerawork.)

Demi allegedly punched Alex on Halloween weekend while the two former friends were preparing to leave Bogota, Colombia in a private jet as part of their tour. Demi shut off her Twitter account and checked herself into a treatment center shortly thereafter.

The Sonny with a Chance star is reportedly seeking treatment for emotional issues linked to self-harm and eating disorders. It is not known when she will be released from treatment.

Do you think Alex should sue Demi? Share your thoughts in the comments.

 

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  • Ria
    Ria

    millkdy@frozel yeah right there with you. I only been playing for three years, but I think I've been tuhgroh a lot in terms of learning about the game. I used to practice so much and try to perfect my swing. Despite all the practices and time I put into game, my score was just stop at around 80. I was like okay I guess I'm not good at this game and pretty much stopped practicing. I just went out to chip and put from time to time. Guess what my score is so much better than before. Yeah you gotta enjoy.

  • It is surprising, as it is peculiar to the person to preserve the image against worship which would make his ridiculous or ÷åðåç÷óð far from the original, that is why improbable.

  • Jeff Ting
    Jeff Ting

    You know, I noticed that the people who support Alex Welch tend to live in a world of PC ridden litigations. Where they feel that it’s ok to sue someone for a minor injury to same effect as suing someone for beating the crap out of them with a baseball bat. You guys say DEMI is the real bully and what not yet let me ask you something. How is someone a bully when their mindset isn’t even in the right place? You say it doesn’t matter but how is that possible when you can’t even think straight? The typical argument I hear these days when it comes to Demi Lovato is “Mental illness don’t real.” Well then if you believe that Mental illness “don’t real” you have to believe that things like sickness and diabetes “don’t real” either. Because a healthy mindset needs to be supported with healthy emotional support. Just like a healthy body needs nutritious support to make it function. This is NOT an opinion. This is scientific fact. Not saying that what Demi did was right, but any decent human being won’t blame Lovato for acting mentally ill when she was suffering from a mental illness. And speaking of Alex Welch, the little Ambulance chaser that could, Since you live in a world of pointless PC litigations and no room for logic, I’m just trying to understand your sue happy ways. This is the same type of mentality that would file a bogus malpractice suit lawsuit against a hard working doctor with just so he can get a few bucks. That’s ten times more deplorable than giving someone a black eye. That’s character assassination and that’s ten times more reprehensible than giving some one a facial boo boo that will heal in two weeks. But unfortunately Character assassination isn’t against the law. Which can do more damage than any sort of physical violence. Sorry but no. The real bully isn’t the disney actress who is put under a microscope. It’s the red headed dancer who decided to make a mockery of this judicial system and turn little black eye into a ****ing media circus.

  • The suffering and pain are always obligatory for wide consciousness and deep heart

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  • luca
    luca

    So if a person is mugged and beaten up, the criminal gets off scott free because the person can still go to work? The crime was still committed. Yes the crime of theft. And generally the 'battery' is more than the single punch thrown in anger provoked by the victim that happened in this case.

  • Charli
    Charli

    [quote=Jeff Ting] She can take Demi to court for assault charges on a punitive level because punitive damages are punishment penalties for civil charges if the defendant is guilty. Generally speaking punitive rewards are for damages that can't be clearly enumerated. Stress, emotional trauma etc. But one has to prove that such damages occurred. Miss Alex still screwed up on that one because she wasn't so traumatized that she couldn't work etc.

  • james
    james

    There is no such thing is a friend anymore. Usually when it comes to friends? There's a code when it comes to getting into a physical altercation. You talk it out, you work out compensation privately. Suing is a last resort. This is shady at best.

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  • Everyone is free to trust, in what he wants. I only against to force all to trust in something one

  • nightworld5
    nightworld5

    Basically, as some people have already said Alex is just looking for fame and wasting her time if she thinks by suing Demi is going to get her anywhere. She hasn't got evidence, for all the court knows, she could of done it to herself. And nobody has said anything about witnesses have they??? So there's another thing she doesn't have. And anyway if Demi did hit her, she would of had to do something to provoke her, so it's her work against Demi's.

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  • DemiLovatoFan
    DemiLovatoFan

    gosh, girl, get a life if u dun provoke demi, nothing will happen u juz want to get ur fame there u go girl now everyone knows ur name do u still need a round of applause? Demi already admitted it and went to treatment centre that's enough for u right go sue see wat will ppl say

  • Jeff Ting
    Jeff Ting

    Simply put, Alex has a VERY winnable case. She can sue just for the punch, for emotional damage. This is the US after all. Demi has a history of bullying which can also be introduced to a civil trial. Either way, Demi knows what will happen if the case moves forward, hence the settlement. Alex will get about a million dollars, and they will part ways. End of story. A MILLION dollars? Lol you're a moron you know that? You honestly think that Alex will take Demi to court for a million dollars? Not only is that an ungodly amount that no one would ask for, but that's a red flag for EXTORTION. There's no judge in the world that would award a million dollars for a black eye. Not to mention Demi's parents would sue Alex Welch's ass for extorting money from them. No a million dollars is not gonna happen. By LAW, in a civil court system involving assault and battering, you are entitled to compensetory. By definition, The punitive damages must be awarded in an amount that is “relatively proportionate” to the actual damages. Punitive damages for excessive amounts are considered unconstitutional. A million dollars for a black eye is a sure fire way to get your case thrown out. No way they will settle for a million dollars. Also in the US You have PROVE that you are worthy of said amount of monies in a court of law. It's gonna be REALLY hard to prove that a million dollars is needed for emotional damage. At BEST they would ask for mid to high five figure settlement. And an apology. Which is fair. MAYBE low six. Also, hate to break it to you SLICK, but a history of bullying is inadmissible in a court of law when dealign with two legal adults. Since those incidents happened when she was a MINOR, those incidents don't effect the outcome when your turn 18 boss. Oh and did I forget to mention that those alleged history of bullying were RUMORS? Sorry buddy but rumors are about as useful in a lawsuit as a knife is about as useful in a gunfight. You need concrete FACTS to support your case. Not fabricated rumors. IF this case DOES move forward, this will hurt alex a LOT more than it will hurt Demi. Demi has enough fans and notoriety for a second comeback when or if she chooses to. All she has to do is take some time off, comeback in a year, tell people what she's been doing, say she has another album out, make some anouncement and bam. She is BACK in the public eye. Alex on the other hand runs the risk of getting blackballed from the entertainment community, gets bad press and is seen as an opportunists as well as gets denied any future jobs working FOR disney. So yeah. Getting a million dollars as a settlement? She has a better chance of becoming the queen of england before she gets a million dollars out of the lovato estate. Psh.

  • aaron
    aaron

    Simply put, Alex has a VERY winnable case. She can sue just for the punch, for emotional damage. This is the US after all. Demi has a history of bullying which can also be introduced to a civil trial. Either way, Demi knows what will happen if the case moves forward, hence the settlement. Alex will get about a million dollars, and they will part ways. End of story.

  • Jeff Ting
    Jeff Ting

    "Alex also didn't help her case when she published photos of herself partying with the rest of the performers only hours after the incident took place." Holla.

  • Mark
    Mark

    Alex also didn't help her case when she published photos of herself partying with the rest of the performers only hours after the incident took place.

  • Jeff Ting
    Jeff Ting

    Since Demi's speaking head has already admitted that demi punched Alex and it was witnessed by most of the tour crew, there will no difficulty proving that Demi did it. But she still has to PROVE that she is owed the amount of monies that she is suing for. Yes she will have no difficulty proving that Demi hit her. It's well known that she did and she has witnesses. That's a given as well as the fact that Demi owes her compensation and fees for her mental stress. However she has to prove that. Going to work and continuing the tour when your job requires you to be energetic and perform complicated dance moves doesn't help her case. Not to mention there are pictures of her after the incident showing that she was having fun at a halloween party. Defendants can argue the latter that she didn't suffer mental stress and what not. It doesn't help her case.

  • Jeff Ting
    Jeff Ting

    “So if a person is mugged and beaten up, the criminal gets off scott free because the person can still go to work? The crime was still committed.” But she wasn't mugged or beaten up. She got punched ONCE. One punch does not a “beat down” make. This is a single blow. Not Chris flippin brown. It maybe be wrong and shes certainly entitled to a settlement and an apology, however a six digit facial reconstruct is unreasonable. Yeah it happened and yeah it was a “crime”( these days anything is now considered a crime. I mean if you technically run a red light, that's considered a “Crime”) but none the less the defendant has rights as well. And if they feel they are being taken for a ride when the plantiff is asking for too much, then that is THEIR right. Also lawsuits tend to get messy. Names are dragged through the mud, skeletons come out of the closet on BOTH ends which can be detrimental to both people. You want to settle out of court. It's your best option. It can take up to three years to prove your case as well as the risk of running an appeal, which can take up to another two years.

  • Jeff Ting
    Jeff Ting

    “The 'legal opinion' here is nonsense. Alex has a strong civil case for assault an battery. She is the victim. Amazing how many people are siding with Demi, the person who commiitted premeditated assault and battery. And then continually attack the victim in the press and on opions boards.” Actually it's NOT a strong civil case. At least in terms of an unreasonable amount. The punitive damages is usually determined BY the Plantif's end. It's a fine above compensation. THAT is punitive damages. Not whatever you want it to be. You have to also PROVE that you are owed these monies as well. If she's asking for an ungodly amount, then no she has no case. She is entitled to apology, a reasonable settlement that covers medical fees as well as something extra that compensates her for her troubles. NOT facial reconstruction for a black eye. Doesn't work that way. She has to prove beyond reasonable doubt that the ammount she is asking for in punitive damages is what she is owed. Not to mention she has to Prove that she suffered severe damages. Again she continued the tour. Usually if you are suffering massive head trauma, you wouldn't be able to dance the way she did with all those energetic movements. You don't continue the tour if you're hurt. You go home. AND you see a doctor. Not a plastic surgeon. That makes you look like someone trying to milk this for all it's worth. You see a DOCTOR. You get an X-ray and THEN decide if plastic surgery is an option. And judging by how nice her face as healed since then, it doesn't look like she suffered any lasting damages. The proper way to deal with a bruised cheek and a black eye is a bag of ice to the applied wound. Not plastic surgery.

  • JackSprat
    JackSprat

    No competent doctor would make such a comment without viewing xrays and mri results. These cannot be seen on photos.

  • joeGreen
    joeGreen

    The 'legal opinion' here is nonsense. Alex has a strong civil case for assault an battery. She is the victim. Amazing how many people are siding with Demi, the person who commiitted premeditated assault and battery. And then continually attack the victim in the press and on opions boards. A person may be criminally as well as civilly liable for assault and battery. The Penal Code defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. [Pen. Code §240] A battery is any willful and unlawful use of force or violence on the person of another. [Pen. Code §242] In civil actions for assault and battery, the courts have sometimes applied the Penal Code definitions and relied on criminal cases in rendering their decisions. However, the torts of assault and battery are not defined by statute, and thus the court is afforded the opportunity to extend the concept of the tort beyond the limits placed on the corresponding crime by its statutory definitions. [See Lowry v. Standard Oil Co. (1944) 63 Ca1 App 2d 1, 146 P2d 57]

  • SueQue
    SueQue

    No I dont think she should sue Demi because she went right bacvk to work the next day, who does that if she was really hurting as she says. I just watched the JoBro footage of cant back down (above) and it did not look like she was hurting to me i couldnt c any bruises it wasnt a close up but she didnt dance as if she was hurting thats my opinion . So if a person is mugged and beaten up, the criminal gets off scott free because the person can still go to work? The crime was still committed.

  • lynn
    lynn

    this alex girl is insane every one love demi there is no way they will let her get sue she has no chance maybe the punch was an accident.

  • guest
    guest

    this alex girl is just going to make a fool of herself. In other articles there have been plastic surgeons who were interviewed and said it didn't look like she had any serious injuries. I'm not saying Demi was right in punching her (because she is at fault in that) but she clearly recognizes the problem and is seeking help by going to rehab. To be totally honest, the dancer seems like she wants fame and a quick check. With the team of lawyers Disney has, I highly doubt she'll win.

 
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