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Judging Paula contiues

girloftheworld Aug 12, 2013 02:43 PM

http://tv.msn.com/tv/article.aspx?new...

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  1. C. Hamster RE: girloftheworld Aug 12, 2013 03:55 PM

    And will continue for awhile.

    I didn't note the fact that the plaintiff in the race discrimination case was white. So the (i assume) motion decision makes perfect sense.

    25 Replies
    1. re: C. Hamster
      d
      DeppityDawg RE: C. Hamster Aug 12, 2013 08:17 PM

      I hadn't realized she was white, either, until someone mentioned it in one of the other PD threads here on CH:
      http://chowhound.chow.com/topics/9065...

      But I see now that it is stated plain as day in the text of the complaint: "Ms. Jackson, a Caucasian, white female, was subject to racially discriminatory conduct every single day she came to work."

      But her complaint is not primarily about racial discrimination. The counts include: sexual harassment, infliction of emotional distress (this is where the claim about witnessing racism towards others comes in), assault and battery, negligent retention, and contractual disputes (vacation pay).

      1. re: DeppityDawg
        ipsedixit RE: DeppityDawg Aug 12, 2013 08:42 PM

        The judge only ruled on the Civil Rights Act and Title VII claims. The remaining claims remain pending.

        1. re: ipsedixit
          r
          racer x RE: ipsedixit Aug 13, 2013 06:15 PM

          Thanks for noting that. None of the headlines mention it. They all leave the impression that the entire case was dismissed.

          1. re: racer x
            ipsedixit RE: racer x Aug 13, 2013 06:37 PM

            I haven't been following the case, but I'm wondering if someone who has (and who is legally inclined) explain to me how (and fucking why??) Paula Deen was deposed even before the case was at issue.

            1. re: ipsedixit
              Lambowner RE: ipsedixit Aug 13, 2013 06:42 PM

              I would suggest bad lawyering. She replaced her legal team recently. Depositions and other discovery go on a regular schedule, but what they did wrong was fail to get the motion to dismiss the race claims on file and heard by the judge early and before that deposition. Conjecture of course.

              1. re: ipsedixit
                C. Hamster RE: ipsedixit Aug 14, 2013 11:54 AM

                Yes.

                This wasn't a trial. It was her motions to dismiss the claims.
                The race discrimination claim was dismissed but the sexual harassment claim was not, so the process moves forward on it alone in Federal court.

                Plaintiff is also suing PD et al for assault and battery and intentional infliction of emotional distress but that case is in state court, I think.

                1. re: C. Hamster
                  ipsedixit RE: C. Hamster Aug 14, 2013 04:47 PM

                  I understand that.

                  My question was why she was deposed prior to the case being at issue, which it wasn't (yet) in this case.

                  1. re: ipsedixit
                    C. Hamster RE: ipsedixit Aug 14, 2013 05:30 PM

                    I guess I don't understand your "case being at issue" comment. What do you you mean by that? And I don't mean that aggressively ... I just don't get what you mean.

                    I'm a lawyer, btw, but not a courtroom one.

                    1. re: C. Hamster
                      ipsedixit RE: C. Hamster Aug 14, 2013 06:25 PM

                      When I say "at issue" I mean that Paula Deen has not answered the Complaint, yet.

                      We're still at the pleading stage, and the Rule 12(b)(6) juncture.

                2. re: ipsedixit
                  k
                  karenfinan RE: ipsedixit Aug 14, 2013 07:29 PM

                  This was my question as well!

                  1. re: karenfinan
                    ipsedixit RE: karenfinan Aug 14, 2013 07:45 PM

                    Here's the answer.

                    Bizarro.

                    http://www.ctlawtribune.com/PubArticl...

                    1. re: ipsedixit
                      tcamp RE: ipsedixit Aug 15, 2013 09:13 AM

                      I liked the last line of that article:

                      "The 'of course' was the killer,'" he said. "It was awful."

                      1. re: tcamp
                        Uncle Bob RE: tcamp Aug 15, 2013 12:00 PM

                        She should have just lied her ass off and said "of course not"
                        Lying by the rich and famous, politicians, etc is perfectly acceptable to most people these days. Seems they suck it up like cheap wine and smack their lips.

                        1. re: Uncle Bob
                          d
                          DeppityDawg RE: Uncle Bob Aug 15, 2013 12:13 PM

                          As she told Matt Lauer, she's just like her grandson and young Georgie Washington: she cannot tell a lie.

                  2. re: ipsedixit
                    f
                    flavrmeistr RE: ipsedixit Aug 15, 2013 01:32 PM

                    Bad lawyering, bad public relations and abject stupidity on the part of Ms. Deen. Remember Anita Bryant?

                    1. re: flavrmeistr
                      k
                      karenfinan RE: flavrmeistr Aug 15, 2013 06:19 PM

                      Yes, Anita was reprehensible, and I agree about Paula's lack of smarts

            2. re: C. Hamster
              Lambowner RE: C. Hamster Aug 13, 2013 06:45 PM

              You probably didn't notice it because it went under reported in the media, if at all. She has been very unfairly treated by the media in my opinion.

              1. re: Lambowner
                d
                DeppityDawg RE: Lambowner Aug 13, 2013 07:06 PM

                I guess she has fallen off the radar and is no longer hot news. She should be thankful, because the less we hear about her now, the sooner she can stage her comeback, if she so chooses.

                She can't blame everything on the media. She went directly to the public with her apology videos and made a big mess of it (in my opinion).

                1. re: Lambowner
                  JonParker RE: Lambowner Aug 14, 2013 11:19 AM

                  I totally disagree with that. She's been treated with kid gloves, IMO. Most of the stories I've seen on this have made it sound like she's being castigated for something she said 30 years ago. The reality is that she admitted wanting to use African-Americans as props in a slavery themed wedding, and was at least charged with providing a hostile workplace to blacks (although with the dismissal of that part of the case, we may never know the truth).

                  Very few of the media stories have even gone into those issues, preferring to focus on an old epithet. That makes her look better than she probably ought to.

                  1. re: Lambowner
                    C. Hamster RE: Lambowner Aug 14, 2013 12:02 PM

                    It was reported in all the accounts I've read, including the link in the OP

                    1. re: C. Hamster
                      JonParker RE: C. Hamster Aug 14, 2013 12:16 PM

                      The vast majority of people do not read their news.

                      1. re: JonParker
                        girloftheworld RE: JonParker Aug 14, 2013 12:53 PM

                        no they watch it re done as a saturday night live skit

                        1. re: girloftheworld
                          Lambowner RE: girloftheworld Aug 14, 2013 03:24 PM

                          Quite right, GOTW!! Sad state of affairs!

                          1. re: Lambowner
                            JonParker RE: Lambowner Aug 14, 2013 04:14 PM

                            My ex got all her news from The Daily Show, and she was more informed than most people.

                  2. re: C. Hamster
                    c
                    cwdonald RE: C. Hamster Aug 15, 2013 10:23 AM

                    You would admit that after the story broke, that the issue was bigger than just this story but rather represented her total demeanor over the years. She will continue to be crucified in the court of public opinion, even after the legal proceedings have ceased.

                  3. s
                    shesallthat RE: girloftheworld Aug 15, 2013 10:45 AM

                    Meanwhile Russel Simmons tweets a Harriet Tubman rape video and says "its the funniest thing ever". Anybody dropping him? Is he losing endorsements? Is this headlines anywhere? Guess all that money and yoga can't fix stupid.

                    4 Replies
                    1. re: shesallthat
                      JonParker RE: shesallthat Aug 15, 2013 01:25 PM

                      As the late Bob on Sesame Street said "one of these things is not like the other, one of these things just doesn't belong."

                      Besides, Simmons has apologized publicy. It's only in racist fantasy world that he represents all black people.

                      1. re: JonParker
                        Uncle Bob RE: JonParker Aug 15, 2013 04:28 PM

                        Right. When these people put their foot in their mouth, get caught with their pants down, or their zipper unzipped, a public apology is all that's needed to make everything right again. The public sucks this stuff up like cheap wine too! Could be Miss Deen needs to offer up a public apology!

                        1. re: Uncle Bob
                          JonParker RE: Uncle Bob Aug 15, 2013 05:02 PM

                          Well, she did offer up a public apology, even if it was a bad one that made her look even worse. Deen's problem is that it's pretty apparent that she is a bigot, her denials aside.

                          The public is not as stupid as a lot of people think they are. Anthony Weiner was forgiven by most people for falling; it was lying about his recovery that killed his career. Deen's insistence that she's not a bigot in spite of overwhelming evidence to the contrary is what's hurting her.

                          1. re: JonParker
                            Uncle Bob RE: JonParker Aug 15, 2013 07:10 PM

                            I don't usually follow nor comment on cheap tabloid stories... nor Paula Deen for that matter. ~ As a result, I guess I missed the overwhelming evidence as to her bigotry.

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