Content Advisory: This article discusses sexual harassment allegations, retaliation claims, and legal proceedings. Reader discretion is advised.
Will Smith just scored a legal win in California.
A judge dismissed a retaliation lawsuit filed by Brian King Joseph, Smith’s former touring violinist, who claimed he was fired after reporting sexual harassment during the actor’s 2025 music tour.
Los Angeles County Superior Court Judge Michael Shultz granted Smith and Treyball Studios Management’s request to dismiss the case, finding that Joseph had not shown enough legal basis for the claims to move forward.
The case is not fully dead yet. Joseph’s legal team has 30 days to amend the lawsuit before it is terminated.
Will Smith’s Former Violinist Claimed He Was Fired
Joseph filed the lawsuit on December 30, accusing Smith and his management company of wrongful retaliation during the ‘Based On A True Story’ 2025 tour.
According to Joseph, he returned to his Las Vegas hotel room during the first leg of the tour and found a handwritten note addressed to him, along with items that did not belong to him.
The lawsuit claimed the incident left Joseph “afraid an unknown individual would soon return to his room to engage in sexual acts.”
Joseph said he reported the incident to hotel security and tour management. He then claimed he was removed before the next leg of the tour and replaced by another violinist.
Judge Says Claims Did Not Meet Legal Standard
Judge Shultz ruled that Joseph failed to “adequately allege conduct that is sufficiently severe” or show a pattern of harassment that would create an abusive work environment.
Because of that, the judge wrote that none of Joseph’s claims “survive demurrer” by Smith and his company.
That means the court found the complaint legally insufficient as written. Joseph can still try to revise and refile within the allowed 30-day window.
Joseph Was An ‘America’s Got Talent’ Finalist
Joseph is a self-taught violinist who began performing at age 4, according to his official website.
He gained national attention in 2018 on Season 13 of ‘America’s Got Talent’, where he performed a violin cover of Major Lazer and DJ Snake’s ‘Lean On’. The performance earned four yeses from the judges and an emotional hug from Heidi Klum.
Joseph eventually placed third that season, behind acrobatic group Zurcaroh and magician Shin Lim.
For Smith, the ruling removes one immediate legal threat. For Joseph, the next month will decide whether the lawsuit gets a second life or ends here.
