In an unsigned order on Thursday, the 2nd U.S. Circuit Court of Appeals in Manhattan said a lower court judge had discretion to dismiss the racketeering and defamation lawsuit without considering an amended complaint that Black wanted to file.
The judge, Paul Engelmayer, last June found Black's lawsuit "glaringly deficient in fundamental respects" and said amending it would be "futile."
He also said Black gave up his chance to amend his lawsuit by responding to arguments for dismissing it.
A spokesman for Black had no immediate comment. Lawyers for Harris did not immediately respond to requests for comment. Ganieva's lawyer Jeanne Christensen said she was "extremely pleased" with the order.
Ganieva sued Black in June 2021 in a New York state court, saying he defamed her by falsely claiming she tried to extort him after accusing him of rape.
Black, 71, has denied that the encounter occurred, and said he and Ganieva had a consensual affair from about 2008 to 2014. Ganieva's lawsuit remains pending.
In early 2021, Black stepped down as Apollo's chief executive and chairman after an independent review found he had paid sex offender Jeffrey Epstein $158 million for tax and estate planning.
Black also faces a lawsuit claiming he raped another woman, Cheri Pierson, two decades ago in Epstein's mansion in Manhattan. His lawyer has called that lawsuit "baseless."
The case is Black v Ganieva et al, 2nd U.S. Circuit Court of Appeals, No. 22-1524.
(Reporting by Jonathan Stempel in New York; Editing by Chizu Nomiyama)
By Jonathan Stempel
