Fox News Beats Andrea Tantaros’ Surveillance Lawsuit

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Fox News has beaten a lawsuit from Andrea Tantaros, former co-host of The Five, as a federal judge on Friday rejected a wiretapping claim that was premised on allegations of malware placed on her computer, attempts to wipe her Blackberry device, and surreptitious recording of women in the wardrobe department of the cable news network.

Tantaros brought the case in federal court in April 2017 after she couldn’t keep her first lawsuit alleging retaliation arising from sexual harassment allegations in open court. Wishing to face her former employer outside of arbitration, her original complaint was a wide-ranging one that alleged she was emotionally tortured under the Roger Ailes regime through harassing social media “sock-puppet” accounts and more.

She subsequently split with her attorney Judd Burstein and filed an amended complaint pro se (but with the assistance of various lawyers).

In today’s decision, U.S. District Court Judge George Daniels agrees with defendants — including former Fox News chief Bill Shine and tech entrepreneur Pete Snyder, alleged to have played a rose in internet harassment — that Tantaros has failed to state a claim in a case “based primarily on speculation and conjecture.”

With respect to Tantaros’ wiretap claim, the judge says she failed to allege a basic element — an actual interception of her communications.

“Even if Fox News or another Defendant was responsible for installing malware on Plaintiff’s personal computer — a conclusion for which there is scant factual support — Plaintiff’s allegations at most support an inference that Defendants had the capability to intercept her communications,” the judge writes. “Such allegations, however, are insufficient to survive a motion to dismiss.”



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