A judge pointed to questionable circumstances surrounding the former employee signing a settlement with the network releasing her claims.
Luhn says she suffered in 2007 a mental breakdown due to the abuse. At the direction of her psychiatrist, she sent a letter to Fox detailing Ailes’ actions. They settled in 2011 for $3.15 million to be paid in $250,000 annual payments, according to court filings. Fox News argued that the deal bars the suit, saying that Luhn is looking to “recover a further payment through litigation.”
Frank sided with Luhn, however, that there’s “some question” as to whether the network pressured her into signing the agreement. “Plaintiff’s complaint is replete with factual allegations regarding duress and her inability to report the alleged sexual abuse and misconduct while it was occurring,” states the order. “At this stage of the litigation, the duress that is alleged to have occurred prior to the negotiation of the agreement between the parties is enough for this case to not be dismissed.”Luhn began working for the network in 1996 when she was hired by Ailes to work in the guest relations department.
“To ensure her compliance and public silence, Ailes photographed and videotaped Luhn in compromising positions — blackmail material that he explicitly described as his ‘insurance policy’ — and made clear to Luhn that any attempt to speak out or stop the abuse would result in severe personal humiliation and career ruin,” states the complaint, which notes that her encounters with Ailes were set up as “booking meetings.
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