Alycia Lane's lawyer won his bid to have Lane v. CBS3 heard in Philadelphia Common Pleas Court -- presumably, where he'd find a more sympathetic jury.
After attorney Paul Rosen filed the lawsuit in September, CBS3's law firm, Elliott Greenleaf & Siedzikowski P.C., of Blue Bell, petitioned to have the case heard by U.S. District Court in New York.
Late yesterday, U.S. District Judge R. Barclay Surrick released his opinion. The judge would not award attorney's fees to Rosen, as he had asked.
"Finally, all delay issues related to the court that will hear this case has now been finally resolved and the case will now go forward in Philadelphia, where it belongs and tried to a jury of Alycia Lane's viewers," Rosen said this morning.
The civil lawsuit alleges that parties including CBS3 and former CBS3 anchor Larry Mendte destroyed Lane's career. Mendte pleaded guilty to federal criminal charges and is serving six months' house arrest.
In a statement, CBS3 said the judge "did not in any way hold that Ms. Lane's claims have any merit. Instead, the court merely ruled on a narrow procedural issue, which only affects whether her claims are litigated in state or federal court."
Asked for a response, Mendte attorney Julia Morrow wrote: "Mr. Mendte is grateful for Judge Surrick’s decision, and that now the case can move forward. He is anxious for the truth to come out. Alycia Lane and her attorney, Paul Rosen, profess to be anxious for the case to move forward as well. Lane and Rosen should be careful of what they wish for, because we plan to vigorously defend on the basis that it was Lane’s own actions, especially those in allegedly striking a New York City police officer, and calling that officer a homophobic slur, that resulted in her termination."
(Post updated with Morrow's statement.)