Days Of Our Lives
Judge Grants Victoria Rowell The Right To Pursue Her Amended 'Retaliation' Complaint In Lawsuit!
Photo Credit: HutchinsPhoto.com
Former Y&R actress, Victoria Rowell (Ex-Drucilla) came out with an important win, and to advance to the next step in her amended lawsuit against her former employer, Sony.
According to The Hollywood Reporter: On Friday morning, a California federal judge gave Rowell the go-ahead to move forward to the next stage of a lawsuit that accuses Sony Pictures Television of retaliation against her. Back in February 2015, in a lawsuit filed against Sony, CBS and Bell Dramatic Serial Company, Rowell claimed that producers were trying to getting even with her by refusing to hire her since she left Y&R back in 2007, and then tried to get hired on The Bold and the Beautiful.
In November of 2015, U.S. District Judge John Kronstadt threw our her claims with the conclusion that she needed to do more than assert some form of constructively open job for which she wasn’t being hired. But at that time, the judge did allow Rowell to amend her complaint. And in that complaint, Victoria added a retaliation claim that she also pursued a smaller part on another Sony daytime drama, Days of Our Lives, before being taken off an audition short list of actresses being considered. In addition, and most importantly for future lawsuits, the judge once again refused to stop Rowell from proceeding on First Amendment grounds.
In regards to the amended complaint the judge noted: “That the retaliation arose from disagreements with Plaintiff and her positions about hiring more African Americans, not ones about the appropriate racial diversity for characters on the programs.”
So, what do you think about Rowell’s retaliation claims against Sony, and the this stage of her lawsuit against her former employers? Share your thoughts in the comment section below!
I couldn’t possibly guess what the outcome will be from all this but i do know that I do miss her on daytime television and most specifically as Drucilla on Y&R. We do need closure on what happened when the character went over the cliff just as much as I want closure as to Sheila really being alive. I never bought that face changing story.
I agree James..no telling where this is heading but you gotta give it to her she is quite persistent lol
….nor do I buy Kelly/Cady (Y&R) being dead, James R. I think she is now, as she was always, Victor’s lackey.
I loved Victoria as Dru. And, I refuse to believe she does not have a legitimate reason. It bothers me to no end when people are, generally, vilified without knowing the circumstances. None, of us, was there.
Go Victoria!!!!
Obviously they have something against her. She is a very good actress and would be a great addition to any soap.
OH, GIMME A BREAK ALREADY!!!!! ANYTHING FOR THAT WOMAN TO KEEP HERSELF IN THE PUBLIC EYE!!!!! ENOUGH ALREADY!!!!!!
100% AGREE…..MOST PEOPLE HAD ENOUGH OF HER YEARS AGO!!!!
There is no God given right or civil right to be hired for any job, especially if the candidate had previously sued the company.
Another nuisance lawsuit.
yawn….
I will preface my answer with the comment that I am a lawyer.
I just read the judge’s order. It addressed, among other things, the defendant’s motions to dismiss. Analysis of a motion to dismiss is NOT a ruling that Rowell has proven (or even introduced evidence) her claims. Rather the focus is simply on the allegations in the complaint — Did Rowell’s allegations, if analyzed as true, state a viable claim. If a motion to dismiss is denied, it does NOT mean that Rowell wins. Rather it just means the case proceeds to discovery (gathering of admissible factual evidence — interrogatories, document production, and depositions). The fact gathering may result in there are no facts to support the claims either. The defendants could then move for summary judgment. In short, a motion to dismiss is a VERY early analysis of claims. A favorable ruling on such a motion does not mean there will be a trial on the claims. There is a LOT to do before that point.
The order actually is NOT very favorable to Rowell. The amended complaint named 5 defendants and contained six separate counts (not all counts being against each defendant; there are combinations of some counts against some but not others). The order denies the motion to dismiss as to ONE count —- a federal law (28 usc 1981) retaliation claim by Rowell against Sony and Corday Productions for refusing to hire her on Days of Our Lives. ALL of the other five claims and ALL of the other defendants (including Bell Serial Productions, Bell-Philip Television Productions, and CBS) are dismissed. In sum, ALL of the claims that Rowell raised concerning the failed efforts to be rehired by Y&R as Drucilla and the failed efforts to be hired as Drucilla or another character on B&B were dismissed. Rowell’s complaint failed to state a viable cause of action as to four defendants and five claims. In short, the order allows Rowell’s suit to proceed only on one count against two defendants.
I don’t have an opinion of Rowell one way or the other. I just thought that, as a lawyer, I would give my two-cents on the order. The actual ruling is not as big of a victory for Rowell as this article suggests.
This is terrific. I so enjoyed your professional explanation. Thank you for taking the time with this. I surmise you’re a fan of Y and R, so I have a pressing question regarding all the visitation Victor receives while in prison. Is this typical? I find it absurd… and wouldn’t visitors have to sign in somewhere in some official capacity? My point is, would there be a paper trail of visitor names anyone could review?
I don’t know anything about procedures in prison. However, I’d guess that your comments probably are correct.
There are a LOT of legal “errors” with soap scenes and plots. I’ll give a few examples from Y&R: Sharon faced a criminal case in Wisconsin for murdering Skye in Hawaii (that inane volcano death). From a legal standpoint, this was CRAZY. A Wisconsin court would have absolutely no jurisdiction to handle the prosecution of a crime in another state. In the real world, Sharon couldn’t even be indicted in Wisconsin as a basic element of any criminal case is that you have to prove the crime occurred in the jurisdiction.
I also vividly remember a scene where the lawyer (Mitchell Sherman’s son) took a “deposition” of someone in Paul’s office. The “deposition” was Sherman turning on a tape recorder as he questioned the individual. Completely ridiculous for several reasons. One, there was NO pending civil action (you typically don’t take a deposition in a criminal case) so there really was no “deposition” (fact discovery of litigation). Secondly, a deposition involves questioning by a lawyer while a certified court reporter transcribes the questions and answers. It is very formal — for possible use at trial. A lawyer sitting down with someone and questioning them with a tape recorder would be worthless from an evidentiary standpoint unless these formalities had occurred. Sherman may have been “interviewing” the person but it damn sure was not a “deposition.” The writers didn’t seem to have a clue as the dialogue kept talking about the “deposition.”
I could go on and on but you get my point. For years, Y&R had a legal consultant (i believe he was a former or currently practicing lawyer). I’m guessing that, with budget cuts, this consultant was dropped. It certainly shows from the ham-handed efforts of writers to craft plots and scenes involving legal points.
One more comment about Rowell’s suit — I’m confused about the “retaliation” claim that remains. I’m guessing that Rowell must be saying that Sony and Corday refused to hire her on Days in retaliation for her efforts to have more minorities on Y&R.
All of it seems like a stretch to me from a legal point of view. (1) The alleged retaliation concerns her actions and comments about another show, involving other corporate entities? The only possible link that I could see is that the common presence of Sony and Corday having a link to both shows. Under this theory, Rowell could see sue Sony if it refused to allow her to appear on another show it oversaw —- “Shark Tank” or “Dr. Oz Show.” I’m not saying this couldn’t occur (the order thought there was some possibility it could) but it seems unlikely to me.
(2) There could be serious evidentiary proof issues for the retaliation claim. Unless there is some “smoking gun” evidence (ex: a Corday or Sony email saying “Rowell would be perfect to play Jane. But we’re not going to hire her to punish her for her comments about Y&R”), how in the world will she prove that retaliation is THE reason that she wasn’t hired?? The casting people may not have liked her look. The casting people may have viewed “Jane” as being 35 years old and thought Rowell looked too old. Maybe “Jane” was to be an obese character that Marlena was going to help and svelte Rowell was too thin for the role. I would think a LOT goes into deciding casting — mostly based on looks and screen presence. Nothing wrong with that but it definitely would show that retaliation was not the reason for deciding to cast the role with someone else.
Clearly, we don’t know all of the facts and what occurred. Discovery should flesh that out. However, looking at the claim from a purely legal standpoint, it seems to me that Rowell will have a very, very hard time proving this claim.
Lol, Ron….I simply love your comment….HILARIOUS.
There is so much I could say about Barbara’s explanation, which! Sadly, will go over most people’s heads….well, you know….legal terms and all. HaHa!!
Oh Lord! You crack me up!!!!
What about prison doctors having sex with really oooold inmates? Do said inmates have to be rich? “Is this typical”?
Even more disturbing now is that a hacker can penetrate the prison computer system and view surveillance tapes! What next? Hackers breaking down the automated locking system? Poor Wisconsin!
As a fan of DAYS and all for equal rights, I say more power to VR, but the problem I have with the situation is that Sony may lose on behalf of DAYS, but Y&R who made things horrible for VR is in the clear.
DAYS actors didn’t spit in her face. DAYS actors didn’t mock how she and/or African Americans dance. DAYS actors did not make fun of her hair. That’s all on Y&R!!!
If Sony/CBS/Y&R would’ve did the right thing by not allowing all the injustices thrown her way while at Y&R and admitted the wrongdoing, then VR wouldn’t be bothering DAYS.
Y&R created a beast and now the beast has been unleashed on DAYS. That blows!
Hi, Barbara.
Thank you for that. Both my parents are attorneys (NYC). My mom and I talk about ‘stuff’……but, I will only give my two-cents worth, peripherally. We are outsiders looking in. We are neither judge nor jury. It should just be left alone.
I hope your explanation will quash speculations.
You are do right, Barbara…..the “errors” on soaps are not just legal. The writers take many outrageous liberties with religion(s), as well. That just fires me up!!
Sony is blocking her whether the lawyer states that the lawsuit is in her favor or not. I’m a true believer in God ; be not deceived ,God is not mocked; whatever a man soweth, that shall he also reap. Big business, small business or no business , God takes care of it all!
What?
Exactly, Belle: in layman’s terms….what goes around comes around.
“We reap what we sew”. And, if man does escape punishment by law; he cannot escape God’s wrath/law.
Without getting philosophical, LOL…. We should all follow that mantra.
I’m tired of hearing about her ridiculous lawsuit, she quit and that’s it. Filled with regret she is grasping at straws. Y&R has a large African-American cast and it’s about to get bigger. They have a wonderful writer named Susan Dansby. VR needs to grow up and except the consequences of her temper tantrums which lead to her quitting/ She’s a JOKE!
SHE QUIT!!!
The only good thing is if it ever went to court more drama then the actual show. I would love to be a fly on the wall you know casrtmates would have to give their side of the story. Sad situation KSJ hasn’t had a decent lady since she went over the cliff.
victorial rowell is not missed you cannnot make someone hire you she quit get over your self
How many times did Rowell quit YR, get over yourself lady, find other work. Some of the actors don’t want her back.Can you imagine the stress of trying to do your job and having to put up with her issues. Just take your drama elsewhere…
Days Of Our Lives
Kristian Alfonso Returns to Days of our Lives for Tribute to The Late Bill Hayes
After a few weeks of Days of our Lives fans being upset that Kristian Alfonso (Hope Williams) was not on the first list of initial returns for Doug Williams’ funeral and episodes honoring his portrayer, the late Bill Hayes, comes word that the popular star is back and taping scenes.
Kristian reported to work on the Peacock streaming soap opera on Monday, April 22nd. She shared how important it is for her to be back for this particular return to the show that made her a household name.
“My return is very bittersweet,” Alfonso told TV Insider, “because it is the end of an era with Bill gone. So to return to Days is very sad. I am appreciative that they came to me to include me in their series of shows honoring Doug and I’m very happy to see everyone, but I’m entering the studio with a heavy heart.”
Photo: JPI
It was back in 1983 that Kristian first debuted as Doug’s daughter, and now 41 years later looking back at it, and her time with Bill Hayes is very emotional for her.
“I remember my first scenes with him/ He was very loving, very welcoming. That he was very talented and an incredible actor and an icon, that all goes without saying, but my personal relationship and my working relationship with Bill, it was home,” expressed Alfonso. “Doing the scenes with Bill, I felt like I was with my dad because there was so much warmth and reality.”
Photo: JPI
Alfonso did express some deep regret, in that she had wanted to work with Bill Hayes during her last appearance on the soap back in 2023, but according to the iconic actress, there was something in the works but it never materialized. “I’m sad that I did not get the opportunity to do the storyline that Ron (Carlivati, head writer) had planned/ It was great; we returned to Salem to reunite with our families and I would have had father/daughter scenes with Billy. What Ron had written was beautiful and emotional and it was a fantastic story. I was 100 percent for it and the fans would have loved it.”
Photo: JPI
As for if Bo (Peter Reckell) and Hope will be back on-screen together anytime soon, Kristian would only say, “What I will say is don’t give up hope.” Doug’s passing and memorial episodes will stream later this year come late November into December.
So, are you happy to learn that Kristian Alfonso is back taping episodes surrounding Doug’s memorial episodes? Comment below.
Breaking News
Steve Kent Reportedly OUT as Sony Pictures Television VP in Charge of DAYS and Y&R
On Friday, reports surfaced that Steve Kent, Senior Executive Vice President of Programming at Sony Pictures Television, is no longer with the company and overseeing the Sony soap operas, Days of our Lives and The Young and the Restless.
According to Soap Opera Digest, a set side source reported that Kent’s last day was last Friday, April 12th, which was one day after what would have been his final appearance in his Sony VP role at the Days of our Lives 15,000th episode on set celebration.
During that ceremony, Kent gave a brief speech giving kudos to DAYS for its incredible milestone. Days is a co-production of Sony Pictures Television and Corday Productions, while Y&R is produced by Bell Dramatic Serial Company in association with Sony Pictures Television.
Photo: JPI
Kent started his soap opera career as a producer for CBS’ defunct Capitol and then as the supervising producer of NBC’s Santa Barbara from1984 to 1993.
Photo: JPI
At Sony, before his role overseeing the soaps, Kent was Senior Executive Vice President of International Productions for Sony Pictures Television International department.
If reports are true, the question becomes who has taken over his position, and would oversee DAYS and Y&R from the Sony side? Share your thoughts on this developing story via the comment section below.
Breaking News
(WATCH) 2024 Daytime Emmy Nominations Special Live!
After exciting morning for your favorite daytime stars when they were revealed to be nominees for the 51st annual Daytime Emmy Awards comes tonight 10th annual Daytime Emmy Nominations Special.
Beginning at 8 pm ET/5 pm PT, several of the nominees will talk with Michael Fairman on their reactions to the news they have been nominated for a Daytime Emmy, share what scenes they submitted that landed in the top five or six in their respective performer acting categories and much more.
Scheduled to appear are: Days of our Lives nominees, Tamara Braun (Ava), Eric Martsolf (Brady) and Linsey Godfrey (Sarah), The Young and the Restless nominees: Allison Lanier (Summer), Michelle Stafford (Phyllis), Courtney Hope (Sally), Bryton James (Devon), The Bold and the Beautiful’s John McCook (Eric), General Hospital nominees, Finola Hughes (Anna) and Alley Mills (Heather), and The Bay’s Mike Manning (Caleb).
Photo: JPI
The 51st annual Daytime Emmy Awards will be broadcast live on CBS and streamed on Paramount+ on Friday night, June 7th and emanating, once again this year from the Bonaventure Hotel in downtown Los Angeles.
Photo: JPI
For a full list of this year’s nominations click here.
Now, watch below as the stars chat it up as we celebrate their Daytime Emmy Nominations. If you have a potential question you might want posed to any of our guests, drop it in the comment section below and we just might ask it on air.
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Ellen Travolta Makes Another Return to General Hospital
Kristian Alfonso Returns to Days of our Lives for Tribute to The Late Bill Hayes
Y&R’s Eric Braeden Pays Tribute to Former On-Screen Wife, Meg Bennett: “She Was Such a Bright and Gentle Lady”
‘Knots Landing’s’ Donna Mills and Joan Van Ark Reunite for Los Angeles Ballet Season 18 Gala
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Stephen Schnetzer Talks On His Return to Days of our Lives and Working with Susan Seaforth Hayes In Emotional Episodes
(WATCH) 2024 Daytime Emmy Nominations Special Live!
51st Daytime Emmys: Outstanding Daytime Drama Series Nominations
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(WATCH) 2024 Daytime Emmy Nominations Special Live!
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General HospitalApril 15, 2024General Hospital’s Steve Burton Reveals the Emotional Scene He Almost Could Not Get Through
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General HospitalApril 21, 2024‘Knots Landing’s’ Donna Mills and Joan Van Ark Reunite for Los Angeles Ballet Season 18 Gala
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Days Of Our LivesApril 13, 2024Ron Carlivati Talks on Decision to Make Days of our Lives 15000th Episode About Doug’s Funeral, and Previews Chances for WGA Award
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NewsApril 20, 2024The Young and the Restless Preview: Ashley’s New Alter Emerges
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Days Of Our LivesApril 19, 2024Stephen Schnetzer Talks On His Return to Days of our Lives and Working with Susan Seaforth Hayes In Emotional Episodes