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Employment Law
Sexual Harassment
Malice and Oppression

Allison Moreno v. Thomas A. Ostly, et al.

Published: Aug. 14, 2010 | Result Date: Aug. 2, 2010 | Filing Date: Jan. 1, 1900 |

Case number: RG07339821 Verdict –  Counterclaim: $1.25 million (Ostly)

Court

Alameda Superior


Attorneys

Plaintiff

Jose Luis Fuentes


Defendant

Allan G. James

Shane K. Anderies
(Anderies & Gomes LLP)


Facts

Plaintiff Allison Moreno was a paralegal who engaged in a sexual relationship with her employer, Thomas Ostly, an Oakland lawyer. She sued him for sexual harassment and wrongful termination and he counter-sued her for defamation, intentional infliction of emotional distress, and intentional interference with prospective economic advantage.

Contentions

PLAINTIFF'S CONTENTIONS:
Moreno claimed Ostly fired her when she refused to continue a sexual relationship with him. She claimed pressure to have sex with him and that she did so to protect her job and her plan to attend law school.

DEFENDANT'S CONTENTIONS:
Ostly claimed the two dated each other and that he never fired her, only that he told her to go one day because of her belligerent attitude after being confronted for a mistake. Moreno quit and told others that he had raped and sexually assaulted her.

Result

The jury awarded Ostly $1.25 million in compensatory and punitive damages.


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