Remember Patricia Caruso? She's the onetime friend and executive producer of Nancy Grace, the former prosecutor who's become a ubiquitous television inquisitrix. In July, I wrote about Caruso's breach of contract suit against Grace, whom she accused of reneging on their oral agreement to develop a legal show together. Grace brought in Orin Snyder of Gibson, Dunn & Crutcher to defend the case, and they went after Caruso and her lawyers at Clarick Gueron Reisbaum like tigers stalking a swamp deer. Gibson Dunn moved to dismiss Caruso's suit, mocking her claims as "so lacking in merit that they could not have been filed in good faith." And to put the exclamation point on Grace's assertion, Snyder moved for Rule 11 sanctions against Clarick Gueron.
Well, sometimes even Nancy Grace is wrong.
Last week Manhattan federal judge Shira Scheindlin denied Gibson Dunn's motion to dismiss the Caruso suit. Caruso, she said, had provided sufficient detail about her agreement with Grace to work together on a new show-and about Grace's subsequent decision to host the syndicated show Swift Justice without Caruso's involvement. "Whether this is a contract for the negotiation of a business opportunity-wherein Caruso would be compensated for her past efforts-or a joint venture is a question of fact that must be explored during the discovery process," the judge wrote. "Given such specificity in their design as well as the developing nature of the series they were working on, Caruso's alleged version of the agreement includes a more focused and specific bargain than a mere agreement to agree. Because the agreement is not so vague and indefinite as to render it unenforceable, Grace's motion to dismiss is denied."
Judge Scheindlin also denied Gibson Dunn's sanctions motion, since Caruso's claim turned out to be substantial enough to survive a motion to dismiss. That ruling must come as a big relief to Clarick Guerin, which took the unusual step of seeking advice from an outside lawyer on the legitimacy of Caruso's claims after Snyder threatened sanctions. (The outside lawyer said Caruso's suit was well-grounded.)
Gregory Clarick declined to discuss the sanctions ruling or Caruso's potential damages, which could be limited by Grace's withdrawal from the syndicated show after less than a year. He did tell me, however, that he and his client are looking forward to pushing ahead with discovery. "Patty Caruso is extremely pleased that the court rejected Nancy Grace's efforts to dismiss her suit. We see this rulingas a significant step in holding Nancy Grace accountable for her promises to Ms. Caruso."
Grace counsel Snyder of Gibson Dunn declined comment.
(Reporting by Alison Frankel)
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