Posted on 10/13/2004 1:31:31 PM PDT by scottybk
O'Reilly in trouble!
Looks like O'Blowhard has been watching out for Johnson.
The extraordinary and outrageous $600 million damages claim bore no relationship to the allegations. Mackris even conceded in the draft complaint that she: (a) thanked O’Reilly for dinner after he supposedly made the inappropriate comments to her of which she now complains; (b) had dinner and cocktails with O’Reilly on several occasions thereafter both alone and with others; (c) left Fox to go to its major competitor CNN for more money, a reason unrelated to O’Reilly, and she later sought to return to work with O’Reilly if he would match her salary at CNN. She also admitted in the draft complaint that after leaving Fox and while working for CNN in 2004, she went to dinner with O’Reilly and then alone with him to his hotel room to watch a presidential press conference. She further conceded that nothing untoward occurred in his hotel room.
The claimed damages are also inexplicable given that: (a) Mackris does not allege that O’Reilly ever touched her in any way, much less assaulted her, (b) she does not allege that she suffered any adverse employment action such as a demotion or loss of pay or even threatened with an adverse action, and (c) she does not allege that she complained to Fox’s Human Resources Department about harassment, notwithstanding that Fox and News Corp maintain written harassment prevention policies and complaint procedures. In fact, Mackris did not complain prior to the delivery of the letter, and Mackris acknowledged during the meetings with Morelli and the News Corp and Fox representatives that O’Reilly never touched her in an inappropriate manner.
******
From April 2000 through January 2004, Fox employed Mackris as an Associate Producer on The O’Reilly Factor, a cable television news show hosted by O’Reilly. O’Reilly and Mackris maintained a good and productive working relationship for the almost four years of her initial employment. She even stayed on after saying in 2002 that she intended to leave Fox for a higher-paying job unless O’Reilly and Fox agreed to increase her compensation, which they did. Then in January 2004, Mackris ultimately decided to leave the show to accept an even higher-paying position with CNN, Fox’s major competitor. A few months after leaving Fox, however, Mackris spoke with O’Reilly and expressed unhappiness with her new job at CNN. She said that her boss at CNN had been terminated for sexual harassment, and asked O’Reilly if she could return to The O’Reilly Factor at the higher salary she then earned at CNN. Mackris returned to Fox in July 2004 as an Associate Producer for The O’Reilly Factor at a salary of $93,200.
Prior to September 29, 2004, Mackris never complained to anyone in authority at Fox about sexual harassment by O’Reilly, despite having received and being well aware of the clearly written harassment prevention policies and procedures of Fox and its ultimate parent, The News Corporation Limited (“News Corp”). Attached as Exhibit A is a copy of Fox’s harassment policy contained in its Employee Handbook, which Mackris received when hired. Attached as Exhibit B is a copy of the “Equal Employment Opportunity And Unlawful Harassment” section of News Corp’s “Standards of Business Conduct,” which Fox reissued to Mackris and its other employees on or about September 8, 2004.
On September 29, 2004, however, Defendant Morelli, Mackris’s attorney, sent a letter to several executives of Fox and News Corp which is attached as Exhibit C. Morelli stated in his letter that he represented a Fox employee who was allegedly being harassed by “one of Fox’s most prominent on-air personalities.” Although he did not identify O’Reilly or Mackris by name in the letter, Morelli wrote that he and the Fox employee were then prepared to sue Plaintiffs, and therefore a settlement discussion would be in Plaintiffs’ best interests because the lawsuit “would be extremely damaging to both Fox’s reputation and the reputation of the individual involved.”
Fox and News Corp representatives spoke with and met several times with Morelli and his associate, David S. Ratner. Mackris attended one of the meetings. At those meetings and during telephone conversations, Defendants demanded $60 million in hush money to keep quiet and never once lowered this outrageous, extortionate demand. At one of the meetings, Morelli allowed the Fox and News Corp representatives to read a draft of a harassment complaint (“the draft complaint”) that he threatened to file on Mackris’s behalf. The draft complaint contained several lengthy block quotes of statements that O’Reilly allegedly made to Mackris. The length of the quotes and the specific verbiage used made it appear that Mackris was taping O’Reilly during the conversations. Morelli, though, refused to permit the Fox and News Corp representatives to have a copy of the complete draft complaint, providing them only with an excerpt.
The draft complaint does not assert that either Fox or O’Reilly has caused Mackris to suffer any adverse employment action. Nor does it assert that Mackris complained to anyone in authority at Fox about any unwelcomed or inappropriate conduct by anyone. Moreover, Defendants never claimed otherwise in any of the aforementioned telephone conversations or meetings.
Further underscoring the extortionate nature and intent of Defendants’ conduct, Morelli holds himself and his firm out as employment law specialists. He therefore must be presumed to know that given the absence of any adverse employment actions taken by Fox or O’Reilly against Mackris (e.g., termination, demotion, reduction in salary), her failure to complain to Fox’s Human Resources Department about O’Reilly alleged harassment will be fatal to her harassment claims in accordance with the decisions of the U.S. Supreme Court and the courts of New York.
Morelli also knows that there is no possible justification for seeking a $60 million settlement of his client’s claims even if the alleged few conversations occurred. For example, the Morelli Firm’s website boasts of major victories in employment discrimination and harassment cases none higher, though, than “$3.75 million for a woman forced to have sexual relations with her boss” (Exhibit D), which plainly involved conduct far more egregious than that alleged by Mackris. Accordingly, Morelli and presumably Mackris know that their demand that Fox pay $60 million to keep this matter out of the court and out of the media is nothing short of attempted extortion.
The extortive nature of Defendants’ demands and the baseless nature of Mackris’s claims are further revealed by the recent September 7, 2004 e-mail that Mackris sent to a friend at CNN who asked, “How are things?” Just three weeks before Morelli’s September 29 letter and years after her claimed tribulations began, Mackris responded:
to answer your question, things are: wonderful, amazing, fun, creative, invigorating, secure, well-managed, challenging, interesting, fun and surrounded by really good, fun people. i’m home and i’ll never leave again.
A copy of Mackris’s September 7, 2004 e-mail is attached as Exhibit E.
It is apparent that Defendants’ outrageous monetary demand is motivated by their greed and also by Morelli’s political connections. Morelli, his firm, and his wife, Arlene, are known supporters of and contributors to the Democratic Party, contributing to the campaigns of U.S. Senators John Kerry, John Edwards, Tom Daschle, and Charles Schumer, among others. He perceives Fox and O’Reilly as politically conservative and supporters of the Republican Party. If he does not receive his share of $60 million, he would like nothing more than to embarrass and tarnish the reputations of Fox and O’Reilly.
The extortion attempt is timed to cause the maximum disruption and damage to Fox and O’Reilly. Fox News coverage and O’Reilly’s program in particular have consistently drawn higher ratings during election periods, and the upcoming, tightly-contested Presidential election between Senator John Kerry and President George W. Bush has been drawing record-setting ratings for The O’Reilly Factor and Fox News Channel programming. In fact, Fox News Channel is the most highly rated cable news network in the United States and has continued to increase its lead over CNN in recent years. Its expectation has been that viewership, and thus revenues, will continue to increase, particularly as the electorate becomes even more involved with the presidential race.
By sending the September 29, 2004 demand letter and threatening to bring suit within “five business days” over alleged harassment that allegedly commenced more than two years earlier in May 2002, Mackris and Morelli have sought to extract maximum leverage against Fox and O’Reilly right before the presidential election.
Defendants have not acted in good faith. Instead, they have sought to extort “blood money” by threatening to destroy O’Reilly, his family and his career, and to embarrass and severely injure Fox’s reputation and financial interests. Accordingly, judicial intervention is required.
http://www.drudgereport.com/fox.htm
She still went back to work for him. Whether she called him or he called her is immaterial.
And don't give me orders.
I vote for Laura Ingraham.
Probably--and I'd like to see a picture--wonder if she looks like Monica?
Haven't seen any promo for O'Reilly's show tonight...
"I imagine this is a smear campaign against Bill O'Reilly. His style and popularity has gained him a good amount of enemies"
Even though O'Reilly is of the Bill Maher vain(ewww) I think this is probably a big set up by some femme fatal puppet. The liberal networks don't like fair and balanced media competition. Garbage lawsuit. Hope Fox slams it down their DEEP throats.
It is interesting to me that her boss at CNN was fired for sexual harrassment. Does she have a record of making this stuff up?
Much as I dislike BOR at times, I have a hard time believing this of him.
See ya later, adios amigo!
Agreed. I bet they were already having an affair. Seems pretty obvious really.
Interesting that she used to work as an intern at the Bush WH.
"I vote for Laura Ingraham."
I was thinking about her. I haven't seen her on TV, but if she is as good as on radio, maybe so. But she also has a problem being punctual at the studio, I've heard, which for TV or radio can't be a good thing. She might be too much of a "free-spirit" for that time slot.
Talking Points Memo
Enough is enough
Hi, I'm Bill O'Reilly... thanks for watching us tonight... we are living in treacherous times. That's the subject of this evening's Talking Points Memo.
Just about every famous person I know has been threatened and worked over by somebody. Fame makes you a target... it is something that has to be taken seriously. As I've mentioned before, I have received many threats over the years... everything from death letters to some guy running around the country offering people $25 thousand to sign affidavits accusing me of whatever.
The lawyers here at Fox News have been great in dealing with these situations... although the stuff printed on websites remain almost impossible do deal with. But there comes a time when enough's enough.... and so this morning I had to file a lawsuit against some people who are demanding $60 million, or they will "punish me and Fox News."
$60 million.
In a case like this, you have to fight, even at some risk. These people trying to extort this money from us will lob all kinds of charges, knowing that some in the press who don't like me or Fox News will gleefully pick the stuff up. But in the end the justice system will take care of this situation... I have to believe that, because I am simply not going to allow these people to extort me, or anyone else.
Obviously, I can't get into specifics as the litigation is in motion, but I do respect my audience and feel you should know exactly what's going on. This is the single most evil thing I have ever experienced... and I've seen a lot. But these people picked the wrong guy. They can throw anything they want at me, I'll take it. And in the end... we'll see who's left standing. And that's the memo.
Apparent to some, alleged to others. All that matters is how this will effect FOX and the election as, you said, the merits are not there, and it will go away.
Interesting that this same lawyer had a client (I posted earlier on this thread) that arranged the planting of fabricated emails on the corporate computer to aid his case.
After they settled, this lawyer said that he really didn't have that much of a case. But it was all about gays and race and publicity and the company did some stupid things so they decided to cut their losses and settle paying $1 million to the Urban League.
"He may beat the suit but his reputation will be destroyed. Couldn't happen to a nicer blowhard."
Careful now, you're sounding like a cheap suit at one of Fox stations network competitors.
What is wrong with men...a married man, especially a famous one should NEVER speak like this to someone other than his wife.
got a link to that video?
I'd like to see a photo of Andrea Mackris. Image searched on google but didn't find anything. Yet.
I agree, there is an underlying context which isn't being fleshed-out (if you will) yet.
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