factor gear
Perhaps now he will begin to have some small regard and sympathy for the many thousands of businesses that get shaken down every year by gals who have discovered this cash machine.
Oh lord, I can hear it now.
Just read the complaint. The specificity of the words that plaintiff alleges O'Reilly spoke leads me to think that she recorded these conversations, via a device attached to her phone and/or a device on her person.
Here's an interesting legal question for lawyers may be lurking:
1 - It appears that the plaintiff's firm would have a motive to file this suit - apart from or in addition to a motive related to the interests of the plaintif - which would be to defend against O'Reilly's suit for extortion. For if the plaintiff's firm did NOT file the complaint, it would lend credibility to O'Reilly's claim that the attempt to hit him up for 60 million prior to filing was not a legitimate request for a settlement, but was extortion.
The extortion claim is meritles on it's face. Plaintiffs, even those with dubious claims are entitled to enter into settlement negotiations. The sum of money is outrageous but if 1/10 of O'Reilly's conduct occurred, that sum may be a pittance compared to what a jury would award. I think the suit was going to be filed by Mackris regardless. FNC wanted to get out in front of this, and take the sting away from their Golden Boy.
- But if the above is the case, then wouldn't the plaintiff's firm have a fatal or at least compromising conflict of interest?
Absolutely. I see no way in which Morelli can represent Mackris and proceed in the harassment suit until the FNC extortion suit is resolved. Morelli's interest is in proving these underlying sexual harrassment allegations as true means they could not in good faith effectively advise their client. Further, in the extortion lawsuit, Morelli and Mackris have divergent interests. Morelli was acting as her agent and further may be immune from such a suit due to his professional obligations.
3 - On the other hand, perhaps there should be a more individualized analysis, or else whenever a defendant wanted to knock a plaintiff's attorney out of a case, he need only file a separate suit for extortion or abuse of process or defamation or interference with contractual relations, etc.
You nailed it. I think the fact that O'Reilly did not sue for defamtion means there probably is some truth to the sexual harassment allegations.
Abuse of Process is defined as using the legal means to obtain a result improper under the law. I think that the pre-emptive filing of this lawsuit by FNC is an abuse of process. They have effectively denied Mackris her choice of counsel through the filing of the first lawsuit. This is improper (assuming her allegations pass the sniff test) because FNC could always defend the lawsuit. Furthermore, FNC's lawyers' interfered with her contract with Morelli. The same charge they level at Morelli and Mackris. Morelli will undoubtedly be conflicted out of representing Mackris in both suits, therefore she has been denied her choice of counsel. Also FNC has a proof problem because settlement negotiations are not to be used as evidence pursuant to Federal Rule of Evidence 608 (not sure of the NY code article).
If there is any any hint of truth to these allegations, FNC's attorneys are in a world of hurt for filing the preemptive lawsuit this morning. They violated several rules of professional conduct effectively denying Mackris her choice of counsel and further attempted to use improper means to resolve a good faith dispute.
FNC threw a hail mary pass this am. Careers are going to be ruined if they don't complete it.
I analyze. You decide.
I don't care if it's all true, partly true, or all lies - O'Reilly needs to be gone by Monday. Forget the ratings, they should hire Dennis Miller over from CNBC.
"Factor Gear" - Do you mean Geer Factor?
I'm not as much of a fan of O-Reilly as I used to be but this seems a tad out there. He might have babbled about sex but I don't think all that is stated in that diatribe is on the up and up. Someone may want to take him down.