Will Smith is demanding the dismissal of a frivolous lawsuit filed by his former tour violinist, Brian King Joseph. The legal battle, which began late last year, centers on allegations of sexual harassment and a bizarre hotel room incident.
Joseph, a former America’s Got Talent standout, claims that during the 2025 “Based on a True Story Tour,” the Academy Award winner was “deliberately grooming and priming” him for “further sexual exploitation.”
The musician alleges his belongings were tampered with in a Las Vegas hotel room. When his bag was returned after being missing for hours, Joseph says it contained items that didn’t belong to him, including HIV medication and an earring. Most disturbing to Joseph was a note that reportedly said, “Brian, I’ll be back…just us,” with a drawn heart.
According to the complaint, these items led Joseph to believe that a person would return to his room and sexually assault him.
In a new court motion filed on February 20, Smith and his company, Treyball Studios Management, fired back. His legal team characterized the case as an “attempted money grab” and described the claims as “false and defamatory conclusory allegations.” The defense argues that Joseph’s stories are “untrue, inflammatory, legally baseless,” and aimed at tarnishing the star’s reputation through a “frivolous lawsuit.”
Smith’s attorneys also provided a different reason for Joseph’s departure from the tour, citing poor performance rather than retaliation. They clarified that the actor didn’t personally make the hiring decisions, stating, “Plaintiff was never promised a regular position in the band. Ultimately, it was determined that Plaintiff was not a good fit for the band and he was not invited to perform at further shows,” the document read.
While Smith seeks to have the case tossed for a lack of evidence, Joseph’s attorney, Jonathan J. Delshad, told Billboard they are ready for a fight. He stated that his team will “oppose the motions and present the facts in court.”
A judge is set to hear the arguments regarding the dismissal on April 28, 2026.
