Leery 2nd Cir. Probes Liability Assault Theory Against Fox (1)

April 16, 2026, 4:39 PM UTCUpdated: April 16, 2026, 5:24 PM UTC

A New York federal appellate court appeared skeptical of the procedural viability of a former Fox News producer’s liability claim that the network condoned sexual preying, harassment, and rape by an ex-anchor and then fired her after she reported the misconduct.

A three-judge panel of the US Court of Appeals for the Second Circuit on Thursday repeatedly pressed Jennifer Eckhart’s counsel about why he didn’t clearly articulate at the motion-to-dismiss stage the claim that former correspondent and anchor Ed Henry had a managerial or supervisory responsibility—as part of their effort to hold Fox liable under the New York City Human ...

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