Lawsuit against Thomas J. Henry can proceed, judge recommends

SAN ANTONIO — A federal magistrate choose in Austin has recommended that a lawsuit be from
Thomas J. Henry
over an alleged sexual assault by a director working on a film commissioned by the flashy attorney should not be dismissed.

The choose, nevertheless, sided with Henry in recommending that some statements versus him and his business — including these for sex trafficking and forced labor — ought to be tossed.

US
Magistrate Judge Susan Hightower
also claimed this 7 days that Henry’s ask for for sanctions against the plaintiff’s attorneys for filing a “frivolous” lawsuit should really be denied.

The events can item to Hightower’s report and recommendation ahead of
US District Judge Lee Yeakel
issues a final final decision on the a variety of requests.

In an April lawsuit, a New York girl stated the director allegedly assaulted her although they had been doing work on filming of
Austin Elevatesa two-working day art and tunes competition introduced by Henry in 2019. The celebration lifted dollars for charities.

On ExpressNews.com:

Thomas J. Henry, legislation company amongst defendants in lawsuit submitted by alleged sexual assault target

She accused Henry, Thomas J. Henry Law and generation organization Grey Image of failing to sufficiently supervise director Robert “Bobby” T. Herrera of St. Louis and not giving a harmless doing work atmosphere. The Express-Information is not pinpointing the woman, who was 27 at the time, mainly because she is an alleged sufferer of sexual assault.

“We look forward to our consumer owning her working day in courtroom and possessing the opportunity to demonstrate that Thomas J. Henry developed the unsafe ecosystem which led to her rape,” Holt Significant Lackey, a attorney for the female, mentioned in an electronic mail Friday.

Jason Davis, a San Antonio attorney representing Henry and his agency, earlier claimed the allegations against his clientele have been “baseless,” “entirely frivolous” and “likely topic to sanctions” beneath federal court docket policies. Henry would not know the female and experienced absolutely nothing to do with the alleged incident, Davis extra in an electronic mail.

He accused the plaintiff’s attorneys of targeting Henry as a “deep pocket” in an attempt to “extract a settlement.”

Tanner Rolfes, a St. Louis lawyer for Herrera and his creation business, previously denied the allegations and vowed to “take appropriate lawful action with regards to the distribution of these defamatory statements.” Rolfes additional that the Austin Law enforcement Department investigated the allegations but in no way produced an arrest.

Davis and Rolfes didn’t respond to a request for comment Friday.

On ExpressNews.com:

Thomas J. Henry can no extended promote $1.25 billion court docket judgment

In addition to the sexual intercourse trafficking and compelled labor statements, Hightower suggested dismissal of claims towards Henry and his agency for premises legal responsibility and basic carelessness.

If Yeakel accepts the justice of the peace judge’s suggestions, only two statements from Henry and his firm will continue to be. People are for unsafe place of work negligence and negligent selecting, supervision and retention.

Hightower suggested an assault assert against Herrera go ahead but claimed claims for threats of bodily personal injury and infliction of bodily harm ought to be dismissed for the reason that they are “copy” of the assault declare.

In addition, the intercourse trafficking and negligent choosing and supervision statements versus equally Herrera and Gray Photo would keep on being pending underneath Hightower’s advice — as perfectly as a assert for unsafe place of work negligence in opposition to Grey Image. Promises in opposition to both equally for standard carelessness, premises liability and compelled labor ought to be dismissed, as ought to an unsafe place of work negligence claim from Herrera individually.

In his movement for sanctions versus the plaintiff’s lawyers for submitting a frivolous lawsuit, Henry wished the courtroom to award him attorneys’ expenses and expenditures incurred in the circumstance.

But Hightower, quoting from a ruling in an unrelated circumstance, mentioned the sanctions ask for really should be denied for the reason that “plaintiff’s counsel ‘advanced arguments that, even though resourceful, were not ridiculous.’”

[email protected]

Maria Flores

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