O'Reilly, Fox Face Breach of Contract Claims Over Outing of Accuser

Jenna Warner
December 5, 2017

Berstein's attorney filed a lawsuit in the U.S. District Court for the Southern District of NY against O'Reilly and Fox News for breach of contract and defamation.

"Fox News has been aware of complaints about inappropriate behavior by Mr. O'Reilly since at least 2002, when Mr. O'Reilly stormed into the newsroom and screamed at a young producer, according to current and former employees, some of whom witnessed the incident".

The New York Times first reported on Bernstein's settlement with O'Reilly earlier this year.

In addition to that, the suit cites additional comments which appeared in The Hollywood Reporter and various other outlets, which Bernstein says violated the terms of their agreement.

She says O'Reilly insinuated she extorted him which she says is a lie, calling the former FNC host a "serial abuser".

"A History" author has time and again claimed that the harassment allegations that led to his ouster from the Fox News in April have no merit while adding that he resolved the matters privately just to protect his children. She's one of the five women named in an April New York Times report about $13 million worth of settlements by O'Reilly and the company.

Bernstein says in her suit she was not a hotspot for investigative stories on O'Reilly's conduct.

Bernstein's attorneys said in a statement Monday that she "was not the source for this revelation". She did go to HR and other company executives to complain about him several times. In another widely published statement he said, "the worst part of my job is being a target for those who would harm me and my employer, the Fox News Channel". Bernstein alleges that Fox News, through its parent company, 21st Century Fox, falsely told The Times that it had received no complaints to an anonymous company hotline because, she contends, there wasn't a hotline while she was employed there in 2002.

A lawyer for Ms. Bernstein, Neil Mullin, asked that O'Reilly and Fox release all victims from their non-disclosure agreements in order to "let the truth out".

The defendants breached their agreement by making statements other than the agreed-upon statement that were false and defamatory, Bernstein alleges.

Subsequent statements by O'Reilly are alleged to have violated the nondisparagement clause, according to Bernstein.

Other reports by Insurance News

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