Judge Rejects New Trial Bid in Cardi B Pen Toss Lawsuit

A Los Angeles judge has rejected former security guard Emani Ellis’s request for a new civil trial against Cardi B, keeping in place the verdict that cleared the rapper of all liability earlier this fall.

On Dec. 5, Judge Ian Fusselman ruled that Ellis did not present any valid legal reason to overturn the jury’s unanimous decision from September, when jurors found Cardi, 33, not responsible for allegations stemming from a 2018 incident at a Beverly Hills OB-GYN office.

Ellis’s legal team had argued she was entitled to a new trial based on what they claimed were “judicial errors,” possible juror misconduct, and outside influences — including Cardi’s viral “pen toss” caught on camera outside the courthouse on the day of closing arguments. They also pointed to online chatter surrounding Cardi’s separate 2023 microphone-throwing incident as something that could have unfairly swayed jurors.

Cardi’s attorneys dismissed the motion as “entirely frivolous,” saying Ellis relied on speculation, “knowingly false statements,” and an attempt to reargue a case the jury had already rejected in under an hour. Judge Fusselman ultimately agreed, finding there was no evidence that anything outside the courtroom impacted the jury’s deliberations.

Ellis first sued Cardi in connection with a confrontation at a doctor’s office in 2018, when the rapper — then about four months pregnant and not yet public with the news — believed Ellis was recording her without permission.

Ellis alleged Cardi scratched her face with a long fingernail, spat on her, used slurs, and left her so traumatized that she required cosmetic treatment and ultimately lost her job. She sought up to $24 million in damages.

Cardi denied ever touching Ellis, insisting the encounter was verbal only and escalated because she felt her privacy was being violated. Witnesses from the medical office testified in support of Cardi’s version of events and described Ellis as the aggressor. Jurors sided with the rapper on all counts in September 2025.

On the day of the closing arguments, a blogger shouted a personal question at Cardi outside the courthouse. Cardi responded by throwing a pen toward the ground, a moment that quickly made the rounds on social media. Ellis’s attorneys cited the clip as proof of potential outside influence on jurors — an argument the judge rejected.

The denial of Ellis’s motion means Cardi will not return to court for a new trial. The September verdict remains final unless Ellis pursues a higher-level appeal.

According to the court’s ruling, the move for a retrial was viewed as legally weak rather than a sign that Cardi avoided the case on a technicality.

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