ESPN gets bad news, wrongful termination suit over 'gorilla/guerrilla' to proceed
It’s a defeat for ESPN — involving the tennis court, but taking place in the legal court.
The “Worldwide Leader in Sports” lost a ruling Thursday that could cost the network both financially and in another court — the court of public opinion.
Judge Elizabeth Feffer of the Los Angeles Superior Court denied ESPN’s motion to dismiss former analyst Doug Adler’s claim of wrongful termination.
Adler was fired last year after using what was many construed as a racially charged term at the Australian Open.
In describing Venus Williams’ style of play, Adler said Williams “put the guerrilla effect” on her opponent.
The former analyst said he was complimenting Williams for attacking the point.
Many people on social media, however, believed Adler was calling Williams a “gorilla.”
A law firm founded by the late Johnnie Cochran (O.J. Simpson’s defense lawyer during his murder trial) is now representing Adler.
In her ruling, Judge Feffer pointed out that “Guerrilla Tennis” was the name of a Nike TV ad featuring Andre Agassi and Pete Sampras back in the 1990s.
Here is the Adler incident as it happened:
ESPN’s argument is twofold.
First, as attorney Raymond Bertrand explained, there was worldwide reaction to Adler’s comments.
Second, as an at-will employee, Adler was not guaranteed future work at ESPN, so he shouldn’t receive any compensation.
When Judge Feffer made her ruling, Adler pumped his fist defiantly.
After the ruling, Adler attorney James Bryant said his client is just looking for his day in court.
“All we wanted to do was get the chance to get our case before a jury and now they’re going to decide the issues,” Bryant said.
The trial is scheduled for Oct. 15.
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