Nick Carter's Counterclaim Against Sexual Battery Accuser Will Continue After Nevada Supreme Court Denies Appeal

Shannon Ruth sued Carter in 2022 for allegedly assaulting her after a concert in 2001

• Shannon Ruth, a woman who accused Nick Carter of raping her on a tour bus in 2001, was denied an appeal for his countersuit by a judge in Nevada
• Ruth claims Carter raped her after a concert in Tacoma in 2001 when she was 17
• Carter has denied the allegations and filed a counterclaim for defamation

Nick Carter's counterclaim against accuser Shannon Ruth, who sued him in 2022 claiming that he raped her on a tour bus in Tacoma in 2001, has a judge's permission to move forward.

On Tuesday, Nov. 26, Nevada Supreme Court judge Nancy L. Allf denied Ruth's anti-SLAPP motion against Carter's counterclaim because she "failed to satisfy her burden," according to documents obtained by PEOPLE.

"Our resolution of this appeal has been hindered by Ruth's failure to identify with specificity any of the statements that form the basis of Ruth's anti-SLAPP motion. We therefore conclude that any statements on which Carter's counterclaims is based that are not specifically addressed in this order do not warrant reversal of the district court's order," the filing states.

Carter filed a counterclaim in February 2023 against Ruth and Melissa Schuman, who accused him of rape in April 2023, stating that the two women took advantage of the #MeToo movement and used it to launch a five-year conspiracy to "defame and vilify Carter and otherwise ruin his reputation for the purposes of garnering attention and fame and/or extorting money from Carter," according to the suit obtained by PEOPLE. (He was given the OK to pursue the defamation countersuit against Schuman in August 2023 and is now suing her for $2.5 million.)

When Ruth filed her appeal, his legal team provided the court with previews of their case, claiming that it would have been "impossible" for Ruth to have been raped on a tour bus in Tacoma in 2001.

His legal team also previously requested a hearing and asked the court to grant him a summary judgment on Ruth's claims.

Related: Nick Carter Claims It Was 'Factually Impossible' for Him to Have Assaulted Sexual Battery Accuser

In Ruth's initial filing, she sued him for "sexual battery, intentional infliction of emotional distress and negligent infliction of emotional distress."

Ruth claims she was 17 years old when the Backstreet Boy, then 21, sexually assaulted her, according to documents obtained by PEOPLE. A source close to the singer has denied this incident.

However, in his counterclaim, Carter provides evidence disputing Ruth's claim with several witnesses, including Backstreet Boy security, confirming they did a "quick out" after a concert where she was allegedly waiting in an autograph line. (His team claims no such line existed.)

"It would be impossible for any fan to be alone with any of the band members on their tour bus," the filing states.

Susan Riggs, a friend of the band and Carter at the time, previously testified that she "personally observed Carter exit the venue, board his tour bus and immediately drive away," while Ashley Large, a fan, went to a meet-and-greet prior to the show, but claims there was no autograph line after the show.

Fans have also confirmed that Carter was immediately transported to the Four Seasons Hotel in Seattle shortly after the concert.

His lawyers also previously claimed that she has been unable to recall several details from the incident in question including details about a beverage called a "VIP Drink" she was allegedly served, how much time had passed from between going from the bus to the bathroom where she claimed to be assaulted and how Carter told her to "orally copulate him."

In his request for summary judgement, Carter asked that her testimony is disregarded by the court. He has also repeatedly denied the allegations, per his legal team.

"Based on the actual and significant evidentiary record, Carter did not rape Ruth and her moving target story does not create a genuine issue where a reasonable jury would return a verdict in her favor," the motion stated.

Related: Nick Carter Sues Rape Accuser Melissa Schuman for $2.5 Million, Alleges She Intentionally Defamed Him

Lawyers for Ruth did not immediately respond to PEOPLE's request for comment.

The singer-songwriter Carter has faced accusations of sexual assault from three women since 2017, including Schuman and Ruth.

Carter was sued by a third accuser who claimed he assaulted her at age 15 in August 2023.

According to documents obtained by PEOPLE, he allegedly sexually assaulted her on multiple occasions in 2003.

Carter's lawyer denied the allegations.