There was an interesting bit of news on Monday. Lylith LaVey was awarded $130,000 in damages against Mr. Marcus for exposing her to syphilis.
“A Los Angeles Superior Court judge on Friday awarded adult performer Lylith Lavey $130,000 in damages against performer Mr. Marcus.”
“Lavey sued Mr. Marcus alleging she suffered emotional distress after she became exposed to syphilis during a BangBros shoot with him as her partner.”
“Lavey, who hasn’t contracted syphilis, said in the suit that she not only suffered emotional distress, but castigation from others in her industry as a result of the shoot.”
“Los Angeles Superior Court Judge David Minning heard testimony from Lavey on Friday before ordering Mr. Marcus to pay up.”
“Mr. Marcus was found to be in default as he “abandoned his defense of this case,” according to another Los Angeles Superior Court Judge Amy Hogue who heard the case.”
“Lavey’s alleged claims in the lawsuits stem from a June 2012 BangBros shoot in Encino, Calif., according to the Daily News. Lavey, in a separate suit, also is suing BangBros.”
“In a resulting BangBros video, Lavey could be seen giving fellatio to Mr. Marcus, whose penis clearly showed evidence of a possible STI.”
“Mr. Marcus was sentenced to 30 days in county jail in 2013 for knowingly exposing other co-stars to syphilis.”
“Mr. Marcus did not immediately respond for comment to XBIZ on Monday.”
So that was the news from XBIZ. AVN had a similar story, but AVN named LaVey’s attorney Adam Rose. Remember that name. You’re gonna see the name Adam Rose come up in similar lawsuits in the future.
I’ve heard people talk about how Mr. Marcus doesn’t have any money, so this isn’t a big deal. That this judgement is meaningless. Let me address that first.
Have any of you heard of OJ Simpson? Have you ever heard the name Ron Goldman? Have you ever heard of the wrongful death lawsuit brought by the Goldman family against Simpson where he was found liable and ordered to pay the Goldmans millions of dollars? You know OJ Simpson’s problem in Las Vegas where he was convicted of armed robbery and sent to jail? Part of the testimony in that case was that OJ wanted the sports memorabilia because he didn’t want the Goldmans to get it. The Goldmans have been everywhere OJ Simpson has been where he could make money and they have had their hands out saying, “We want our fucking money.”
So there’s no way Mr. Marcus is gonna be able to get around a judgement and not pay Lylith LaVey. Now is Lylith LaVey gonna know about every little low end internet content job that Mr. Marcus does for a coupla hundred bucks? No, but anytime Marcus does anything like a Vivid/Joan Rivers reality show like he did a few months ago, Lylith LaVey and her attorney can be there when he gets paid and say, “Give us our fucking money.”
Any work or any money Mr. Marcus gets that is in public view, Lylith and her attorney can go and get her fucking money. Whether Mr. Marcus has $130,000 in his pocket right now or not to give to Lylith LaVey, he can never come out from under the rock he is under and skate paying this judgement.
He can go do a job for someone like Tim Von Swine and get paid cash under the table, but he is never gonna be able to open a business or a production company, he will never be able to work for a legitimate company like Vivid or Wicked without Lylith LaVey being there to collect her money. Mr. Marcus has a penis mold from Doc Johnson that he gets royalties on. Lylith LaVey can now have her attorney contact Doc Johnson and collect all of those royalties.
OJ Simpson is in jail now because he wanted to escape paying on a judgement and wanted money from an under the table sale of sports memorabilia that the Goldmans couldn’t find. OJ was not able to hide any money from the Goldmans from any legitimate source. The only money that was immune from the judgment was his football pension. So if people think that Mr. Marcus is gonna be able to avoid paying Lylith LaVey they are out of their minds. This son of a bitch is never gonna be able to have a normal life or get his shit going again until he pays Lylith LaVey $130,000. He is gonna have this saddled to him for the rest of his life.
Unless he gets paid under the table in cash, he is not gonna be able to escape paying this judgement and there aren’t too many companies that can pay somebody a living wage in cash. One job here or there, no problem. But the minute Mr. Marcus pops up in any legitimate venue to get paid, he will have to fork it over to Lylith. Mr. Marcus is pathetically fucked.
Anyplace Mr. Marcus goes, Lylith LaVey and her attorney will be there demanding payment. Tell me what company is gonna want Lylith and her attorney up their ass? People in the business freak out when someone wants to inspect their 2257 records. Nobody’s gonna want someone poking around seeing if they paid Mr. Marcus. He is fucked. Whatever assets Mr. Marcus has now are going to Lylith LaVey. Just like OJ had to sell his Heisman and the money went to the Goldmans. Mr Marcus’ hat collection? Sell it. His shoe collection? Sell it. He’s fucked.
And Bang Brothers? Are they gonna get jammed up because they hired Mr Marcus? You’re damn right they are. A girl just won a judgement against an actor for exposing her to a sexually transmitted disease. The company that hired her where she was exposed? You bet your ass they’re liable. The director sat there two inches away for Mr. Marcus’ syphilis riddled dick. All of this factors into negligence. Mr Marcus is responsible and the company he worked for is responsible.
When people get into accidents on movie sets, whether it’s Vic Morrow on the Twilight Zone set who got his head cut off or whatever, the lawsuits go after the director, the producer, the stunt coordinator, the movie company. Everybody gets served. When something goes wrong at an amusement park and somebody gets killed, they go after the amusement park, the ride manufacturer, the operator, everybody. The owner of the Dodgers just got sued for not providing proper security because someone got the shit beaten out of them at Dodger Stadium. Everybody gets served.
Any studio that is out there today is liable if somebody comes down with a disease on their set. If somebody really wanted to bury this industry all they would have to do is sue production companies for exposing talent to diseases, especially when they don’t follow prevention protocols. The lawsuit would basically bring an action against the company for failing to protect the health of the employee and OSHA has already established that porn performers are employees.
Months ago, we were talking about a lawyer named Brian Chase, who wrote a journal in the Stanford Law and Policy Review about how to put together cases against the adult industry. It was a how to guide of how to legally attack the adult industry because of all the violations it committed. It was called “An Analysis Of Potential Liability Within The Adult Film Industry Stemming From Industry Practices Related To Sexually Transmitted Infections.” It stated that the adult industry was wide open to litigation.
Listen, everybody can run around and say that there hasn’t been an on-set transmission of HIV in 10 years all they want. Can that be said for all of the other STDs? We know for a fact that it can’t be said for syphilis. I have a note from Dr. Miao of Cutting Edge Testing that shows that a performer contracted syphilis on set. She actually contracted from another performer who contracted it from Mr. Marcus. How many other sexually transmitted diseases have been given to people on set?
Everybody likes to spout the mantra of no on-set transmission of HIV in 10 years. What about syphilis? What about hepatitis? What about chlamydia and gonorrhea? Nobody can claim that no one has gotten any of these diseases on set. You can’t explain that away when you talk about condoms and prevention. It makes it even more creepy to people in the real world when we keep saying HIV, HIV, HIV and when they say, “Well, what about other diseases?” and we say, “Well, yeah. But we just get a shot or take a pill and it’s all good.”
“So you’re cool with all of these other sexually transmitted diseases as long as it’s not HIV?”
“Even though those diseases will break down your immune system and make you more susceptible to HIV?”
That concept opens any studio up to liability. It’s pretty simple. Just like a ballpark can get sued when they only have 10 security guards when they should have had 20. Or when somebody has a pool party and someone drowns in their pool and they get sued. When somebody is injured or exposed to injury on your property because of negligence, you are responsible. Plain and simple.
Have you ever heard, “Stop doing that. Somebody’s gonna get hurt. I don’t wanna get sued?” I must’ve heard that 20 times growing up from my dad. I’d be out in the back of the house with my friends drinking beers and he would catch us and he would yell at me, “Jesus, Rob! All I need is for one of your friends to get drunk and leave here and get into an accident. I’ll get sued for everything I have!”
Do you guys remember any of this? Or have you lived in the porn bubble for so long that you’ve lost touch with reality? Apply this to the Mr. Marcus/Lylith LaVey situation and the fact that a director looked at a dick covered in syphilis lesions and said, “Looks good to me. Suck it. We gotta get this shoot done.”
Bang Brothers is fucked. You already have a precedent set with a judge saying Mr. Marcus is responsible for exposing Lylith LaVey to syphilis and it happened on a Bang Brothers set. They’re gonna have to settle out of court or they will have to go to court and they will fucking lose. If everybody else who has ever gotten a disease on set wanted to sue the porn studios they could do it and they would fucking win. They would win. Hands fucking down.
If you don’t believe me, take a look at the companies that are taking the steps to protect themselves or are straight up not even shooting. You think Vivid is even thinking about shooting anymore? With all of the litigation and the heat that’s coming down, do you think Vivid’s ever going to shoot again unless there are condoms on set, unless people are paid as employees, unless they adhere to all of the standards that Cal/OSHA has set? Do you really think that Steven Hirsch, who is sitting on a hundred million dollar empire would risk everything? Of course not. That’s why Vivid’s not shooting. That’s why they shot a bunch of movies with Axel Braun and why they have a bunch of movies in the can. They just put out a movie that was done a year and a half ago.
Do you think Hustler and Larry Flynt are gonna risk everything and get sued? They’ve already gotten of taste of Cal/OSHA when they busted the set that my cousin Mark Zane was directing. Wicked’s all condom and they adhere to every safety protocol. No prominent studio right now is taking the risk because they know they would be fucked. Nobody’s opening themselves up to what happened with Mr. Marcus and Lylith LaVey where somebody could say, “I caught a disease and I caught it on that set.” Because they know it is an open and shut slam dunk.
Do you think it’s an accident that Vivid’s not shooting? Do you think it’s an accident that Hustler isn’t shooting? That Wicked has the stringent safety standards that they do? None of these things are coincidences. They all know what’s coming.
Let what happened with Lylith Lavey be a lesson to our business. Whatever happens with the condom legislation, you’re still looking at potential lawsuits and Cal/OSHA violations. You’re looking at people who are unnecessarily exposing themselves to litigation. The smart companies are shielding themselves and the others are going to be in the line of legal fire.
You can take that to the bank.
Follow Rob Black on Twitter @RealRobBlack Email: [email protected]