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UTUSN

(70,748 posts)
Tue Mar 5, 2019, 10:25 PM Mar 2019

Is there no end?!1 Bill O'LOOFAH wins dismissal of defamation suit

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https://deadline.com/2019/03/bill-oreilly-fox-news-lawsuit-dismissed-former-producer-1202570178/

Judge Tosses Ex-Producer’s Defamation Lawsuit Against Bill O’Reilly And Fox

The producer, Rachel Witlieb Bernstein, one of several women who reached settlement agreements stemming from alleged sexual harassment from O’Reilly, claimed in her original suit filed in December 2017 that O’Reilly violated those settlements by speaking publicly and disparagingly about the accusations, that following a New York Times piece earlier that year revealing O’Reilly and FNC paid out around $13 million to blunt lawsuits over the now-fired host’s actions over the years. ....

U.S. District Judge Deborah Bratt sided with defendants Tuesday, dismissing both the suit’s defamation and breach of contract claims, saying the plaintiff’s claims and demand for damages are “wholly insufficient.”

“Plaintiff repeats that she suffered damages to her reputation, severe emotional distress, physical sickness, and loss of income as a ‘direct and proximate result of O’Reilly’s alleged breach of contract,’ ” Bratt wrote in her ruling (read it here), in language similar to how she decided the other claims in the suit. “However, once again, she fails to explain how her losses were caused by and are directly traceable to the alleged breach of contract. She also fails to allege any facts, beyond her bald allegations of damages, establishing what, if any, emotional and physical harms and reputational damage she specifically suffered.”

Bratt also denied a motion for Bernstein to file a third amended complaint. The judge said Bernstein can replead her claims within 45 days but only against O’Reilly.

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