Judge Moves Lawsuit Against Fox News and Ed Henry Forward

It was not the news that former Fox News Anchor Ed Henry wanted to hear.

I don’t think Fox News was happy with the ruling either.

A judge ruled that Henry cannot dismiss a lawsuit accusing him of sex trafficking.

Law and Crime writes that the developments came in a lawsuit filed by ex-associate producer Jennifer Eckhart roughly a year ago, which opened with a “Trigger Warning” cautioning readers with blaring red text in block capital letters that the complaint contained “Highly Graphic Information of a Sexual Nature, Including Sexual Assault.”

“She asserts that [Henry] is liable for sex trafficking because she says he used empty promises of career advancement to defraud her into coming to his hotel room, then used force to cause her to have sexual intercourse with him,” U.S. District Judge Ronnie Abrams summarized in a 52-page opinion and order.

“To be sure, this is not a conventional claim of sex trafficking,” the judge wrote. “Eckhart has not alleged, for example, that Henry forced her into prostitution or sexual slavery.”

During oral arguments in July, Eckhart’s lawyer Michael John Willemin described Henry’s conduct as “Weinstein-esque, but worse.”“He hit her,” Willemin said, referring to Henry and his client. “He handcuffed her. He bruised her up. He called her a ‘whore.’ He told her she doesn’t have a choice.”

Ultimately, Judge Abrams found that Eckhart’s allegation fell under the “relatively broad language of the applicable statute,” classifying sex trafficking as the use of “force” or “fraud” to cause a person to “engage in a sex act” for a “thing of value.”

The judge also advanced multiple harassment-related counts against Fox News, though not the sex-trafficking one.

“At this juncture, the Court concludes that Eckhart has plausibly alleged that the network knew or should have known about Henry’s sexually harassing behavior but not necessarily the specific conduct that amounts to sex trafficking,” Judge Abrams found.

Eckhart’s lawyer said he and his client are “very pleased with the Court’s decision.”

The mixed ruling dismissed several counts, while advancing several others.

“While the sex trafficking claim against Fox News was dismissed, the Court’s decision makes clear that Ms. Eckhart will be permitted to replead the claim,” Willemin continued, clarifying that the green light would come “if discovery establishes that Fox News is liable.” “Moreover, as noted, Fox News is still in the case with respect to the sexual assaults and rape under state and local anti-discrimination laws.”