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To: bigeasy_70118

I don't think the extortion claim is meritless on its face. The "damages" she was trying to extort bear no relationship to any alleged injury. And her sexual harassment claim should be dismissed on the pleadings. Her lawyer undoubtedly knows that he couldn't plead all the elements. See Post # 275.


289 posted on 10/13/2004 2:32:37 PM PDT by lady lawyer
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To: lady lawyer
I don't think the extortion claim is meritless on its face. The "damages" she was trying to extort bear no relationship to any alleged injury. And her sexual harassment claim should be dismissed on the pleadings. Her lawyer undoubtedly knows that he couldn't plead all the elements. See Post # 275.

That may be true with respect to her claims against FNC. However, her case against O'Reilly is not going to be dismissed on the pleadings as he is alleged to have committed intentional acts.

Second, even if she can't prevail on the underlying harrasment claim, if it passes the sniff test (ie some of the allegations are true), her lawyer is well within his rights to discuss settlement with O'Reilly and with Fox. Furthermore, settlement disccusions are not permitted as evidence in court, pursuant to FRE 608, so Fox cannot prove extortion, especially since it seems that Morelli believed Fox was operating under good faith in an attempt to resolve these allegations.

311 posted on 10/13/2004 2:40:27 PM PDT by bigeasy_70118
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