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Judge Dismisses Deejay’s Lawsuit Against Taylor Swift

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A Denver judge has dismissed the case brought against Taylor Swift by former radio host David Mueller who claimed the pop star essentially ruined his career.

U.S. District Judge William Martinez said on Friday in court Mueller has insufficient evidence to prove the pop star got him fired, PEOPLE confirms. Swift got visibly emotional in the courtroom after the ruling.

Mueller had sought $3 million in damages from Swift. His case against Swift’s mother, Andrea, was not dismissed and Swift’s case against Mueller for sexual assault remains ongoing.

In his ruling, the judge said Mueller had filed claims of interference with contract against Swift personally rather than 13 Management, the company under which Andrea Swift and Frank Bell — who works with her management team — are employed. “Simply put, it is far too late for the plaintiff to argue that he had filed the wrong claims against the wrong people,” he said.

When Swift’s attorney filed the motion to dismiss Friday afternoon, Mueller’s attorney tried to amend his initial claim saying Bell and Andrea were acting on Swift’s behalf as her friend and mother. 

“Court will not permit amendments at this time,” said the judge. Judge Martinez also accused Mueller and his team of “new and still poorly articulated claims of vicarious liability.” 

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The judge also said Mueller had a clause in his contract to extend his employment at KYGO for another year. Judge Martinez ruled the defendants were not aware of this clause at the time they reported the alleged assault to the station. 

To support this claim of tortious interference, Mueller would have had to prove Swift’s team knew about this clause in his contract and that their report of the alleged assault would lead to his dismissal. The judge ruled there was not enough evidence to support that. 

Mueller was also claiming damages and loss of future earnings. The judge ruled that the plaintiff had not met this claim for future earnings because he said he wasn’t asking for a specific amount and was leaving it up to the jury to decide an appropriate amount. 

The judge ruled Mueller can still claim for the five months left on his contract at the time of termination but that “lost profits are only claimable if they can be proven with reasonable certainty,” said Judge Martinez. “Damages cannot be based on speculations or estimates.”

Swift initially looked nervous but became less so once the judge began to reveal rulings in her favor. The star dabbed at her eyes with tissues and was visibly relieved as she turned away from the gallery. 

The judge concluded Andrea testified she was angry about the alleged assault and wanted Mueller terminated from his job but that Swift herself had only confided in her mother and didn’t participate in the decision to contact KYGO. 

Along with Mueller’s remaining claims that Andrea and Bell’s actions got him fired, the jury is also expected to rule on Swift’s counterclaim of sexual assault on Monday after closing statements are given by both sides. 

Swift — who has been largely out of the spotlight in 2017 — took the stand on Thursday and reiterated multiple times Mueller grabbed her butt. “He stayed latched on my bare ass cheek as I lurched away from him, visibly uncomfortably,” Swift said. “The first couple of milliseconds, I thought it must be a mistake. I moved to the side very quickly.”

During his testimony, Mueller claimed his “hand came into contact with a part of her body … what seemed to be a ribcage or ribs.” Additionally, he said the accusations were “humiliating.”

Swift, 27, also testified that a “light switched off in my personality” after the incident. Her mom Andrea emotionally testified the day before that changes were made in regards to Swift’s tour meet-and-greets after the alleged assault.

“It’s absolutely shattered our trust. Our meet-and-greets are much smaller. We have metal detectors. We do background checks. It scared us really badly,” said Andrea in court.

Mueller first sued Swift in 2015, claiming he lost his job after the singer’s security team accused him of groping her butt during a meet-and-greet at the Pepsi Center in June of 2013.

Mueller denied the allegations and also accused his colleague of sexually assaulting the singer, but a rep for Swift told PEOPLE at the time that “the radio station was given evidence immediately after the incident” and “made their independent decision.”

One month later, the “Out of the Woods” singer countersued Mueller, saying in court papers he “intentionally reached under her skirt, and groped with his hand an intimate part of her body in an inappropriate manner, against her will, and without her permission.”