Janet Jackson

Janet Jackson will have to give a deposition under oath after her lawyers failed in their attempt to have a lawsuit against her thrown out. In a Manhattan Supreme Court hearing made public yesterday (April 11.) Justice Rolando Acosta agreed an assault suit against Jackson and her boyfriend Jermaine Dupri can move forward.

According to New York Post reports, the plaintiff Leonard Salati alleges that two of Jackson's bodyguards grabbed him and choked him when he attempted to pass the singer a note at a club in 2004. Jackson's lawyers argued that their client and her boyfriend, co-defendant Dupri, were accompanied by only one bodyguard that evening - and he doesn't fit the description of Salati's attackers.

Despite the mistaken identity claims, Judge Acosta ruled to allow the case to proceed, revealing representatives for the club, New York's Club Marquee, who are also being sued, have stated that at least three bodyguards were present with Jackson on the evening in question, and two of them fit the description of Salati's attackers.

In court, Judge Acosta described the efforts to dismiss the case by Jackson's lawyers as a failed "Hail Mary" attempt to keep Jackson and Dupri from testifying.