Merkley+Partners Wins Dismissal In Worker’s Sexual Assault Suit

Merkley+Partners Inc. defeated sexual battery and gender-motivated violence claims from an employee who said she was sexually assaulted by its former creative director.

The worker’s suit failed to sufficiently plead that the assault was facilitated by the advertising firm or its parent, or that either entity should’ve known the creative director was capable of assault, the US District Court for the Southern District of New York said Thursday.

But the woman identified only as “S. O’Rear” did sufficiently allege that she didn’t consent to the director’s sexual advances, and that he knew she was incapacitated, Judge Paul A. Engelmayer said ...