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Judge Grants Victoria Rowell The Right To Pursue Her Amended 'Retaliation' Complaint In Lawsuit!

By Michael Fairman

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Photo Credit: HutchinsPhoto.com

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!

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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

‘Brilliant Minds’ Officially Canceled After 2 Seasons at NBC; DAYS Alum Al Calderon, OLTL Alum Teddy Sears and Zachary Quinto Among the Cast

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After languishing on the bubble for months, on Friday, NBC handed down the decision and canceled the medical drama Brilliant Minds after two seasons.

Brilliant Minds stars Zachary Quinto as neurology physician Oliver Wolf, who’s character and the series is inspired by the life and books of neurologist. Oliver Sacks. The series focuses on the medical mysteries of the mind, as Wolf a larger-than-life neurologist and his team of interns explore the last great frontier, the human mind, while grappling with their own relationships and mental health.

The final six episodes of what will now be the end of its second and final season were already set to air beginning on May 27, after being pulled off the network schedule in February as viewership saw a steep decline. Brilliant Minds second season became the lowest-rated drama on linear TV viewing, which didn’t bode well fo a network renewal, although it had its hard core fan base.

Photo: NBC

There are some exceptional notables in the cast along with the talented Quinto that includes Days of Our Lives alum, Al Calderon (ex-Javi Hernandez) who joined the series in its second season as Nurse Nico Silva, and One Life to Live alum, Teddy Sears (ex-Chad Bennett) who plays Wolf’s love interest and fellow physician, Dr. Josh Nichols.

The rest of the talented cast includes: Tamberla Perry, Ashleigh LaThrop, Alex MacNicoll, Aury Krebs, Spence Moore II, Donna Murphy, John Clarence Stewart, and Brian Altemus.

In an ironic twist of fate on Thursday, April 30, Days of Our Lives finally revealed the actor who was Al Calderon’s successor in the role of Javi, when they announced that actor Jacob Martinez had now stepped into the role. Since DAYS tapes ten months ahead of streaming new episode, Calderon left in the spring of 2025, but will be seen in the part for the final part this month, and then on June 20, Martinez debuts as Salem’s new Javi.

Taking to his Instagram with a sorrowful and heartfelt post on the Brilliant Minds cancellation was Teddy Sears who wrote, “Thank you, Brilliant Minds. I got the call today and I didn’t want to hear, but I knew that it would come, You have to be a particular vintage to quote Don Henley from memory, but that’s the line that came to mind earlier today after I got off the phone with our inimitable showrunner Michael Grassi who delivered the news that NBC has cancelled the series”.

Photo: NBC

Sears continued, “To say that I feel sad to be moving on from these stories, this character, and this cast and crew just doesn’t paint the entire picture. I’m sad, sure. But I’m also deeply grateful that I got hired to play this part, so proud of the stories we told, and the other actors I got to play alongside. I’m excited to see what comes next, what adventures await, and terrified to be without a professional home. A quick and heartfelt thank you to everyone, all over the globe, who found us and found themselves in us, in our characters and in our stories. We wouldn’t have been able to tell them without you. And we still have 6 fresh episodes yet to air, and I do hope you tune in enjoy the remainder of the series. They’re the best we’ve done.”

As he wrapped up his sentiments, Sears signed off with, “The more I know, the less I understand. All the things I figured out I have to learn again. I’ve been trying to get down to the heart of the matter. But everything changes…Thank you, Brilliant Minds.”

The medical drama was created and executive produced by Michael Grassi alongside Greg Berlanti, Sarah Schechter, Leigh London Redman, Lee Toland Krieger, DeMane Davis, Jasmine Russ, Henrik Bastin, Jonathan Cavendish, Andy Serkis and Shefali Malhoutra.

So, what do you think of NBC’s decision to cancel Brilliant Minds after two seasons? Share your thoughts in the comment section below.

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Days Of Our Lives

DAYS OF OUR LIVES: Sophia Seemingly Plans to End Her Life, But Not Before Setting Fire to Johnny’s Apartment With Him Trapped Inside

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The final few moments of the Thursday, April 30 episode of Days of our Lives, will pave the way, to what just may be the end of Sophia Choi’s (Rachel Boyd) life, but not as you may think!

After an unhinged Sophia paid a visit to Johnny DiMera (Carson Boatman), maced him in the eyes, knocked him out and then tied up to a chair, now conscious, she lets him know that she holds him responsible for all the trouble and trauma she has gone through from adopting her child, and her being sent to a mental institution.

So instead of the unregistered gun Kristen (Stacy Haiduk) gave her to finish off Johnny, Sophia sets up a plan to light candle, use nail polish remover and turn on the gas on the stove to ultimately create a mass explosion, which although Johnny pleaded to her not to that to all the innocent people inside his apartment building, she doesn’t seem to care.

Photo: JPI

FIERY FACE OFF

The plan was supposed to be, after she takes care of Johnny she will toss the gun in the Salem River, then focus on payback to Holly Jonas before leaving town to start a new life.

Now, Sophia makes her exit, leaving Johnny to be a few moments away from an explosion or gas inhalation, when Chanel (Raven Bowens) comes home after awaiting the results of her mammogram. She sees Johnny tied up, as he panics and tells her to put out the flame on the candle, things go awry, and a fire has begun and everything may go up in flames with Johnny and Chanel inside.

Photo: JPI

A BROKEN SOPHIA

Back in her room, Sophia breaks down after reading the social media comments about her, she planted, and then starts writing a suicide or farewell note which says. “I’m tired of begging for forgiveness for my mistakes. All I wanted was to move forward, to be loved and understood. But it’s clear that I was never going to get that. Holly Jonas said that I was dead to her. So, as her former BFF, I’m going to make her dream a reality.”

Photo: JPI

A DEADLY TRAP

Now, the fate of Johnny, Chanel and Sophia will be revealed on tomorrow’s May 1st cliffhanger, which may be the end of Sophia when she crosses paths with Kirsten at the bridge near the river. We do know Rachel Boyd is no longer appearing in the show credits section and is now off contract with the soap.

So, what did you think of the climatic final moments of DAYS? What did you think of the performance of Rachel Boyd as Sophia Choi? Let us know via the comment section.

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Breaking News

Jacob Martinez is ‘Days of Our Lives’ New Javi Hernandez Replacing Al Calderon in the Role

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Finally! The casting has been revealed as to just who would be Al Calderon’s successor in the role of Days of our Lives, Javi Hernandez. On Friday, April 30, the long-running soap opera revealed Jacob Martinez is taking on the part and he will first be seen this coming June 30th and then on all-new episodes streaming on Peacock.

As previously reported, the popular Calderon exited the soap opera last year to join the cast of the NBC primetime medical drama, Brilliant Minds as nurse Nico Silva, who in May will air the remainder of their second season. The series has been on the bubble for renewal by the network. His last episodes as Javi will also air this May on DAYS.

Since DAYS tapes ten months ahead of streaming, Martinez has been secretly ensconced in all the drama in Salem for quite some time. When viewers see the new Javi in story, we should learn what will happen in Javi’s relationship with Leo Stark played by Emmy winner, Greg Rikaart, plus his continued relationship with his relatives in the Hernandez clan. Currently, when Javi returned to Salem after taking care of his ailing father, and after the bust-up of his marriage to Leo thanks to Dimitri (Peter Porte), he claimed he had moved on with someone else while he was away from Salem.

Photo: JPI

Like Calderon before him, Martinez is a multi-talented actor and singer. Jacob’s resume is impressive having appeared in the musical In Pieces: The Musical at Joe’s Pub at The Public Theater and he was hand-picked by Joey Contreras to play the role of Grey. Other credits include: the short film, Memory Swim and the play Dog Sees God: Confessions of a Teenage.

Martinez hails from Norfolk, Nebraska and appeared when he was very young at the Johnny Carson Theatre, and as DAYS fans know, Jacob is now working at the Days of our Lives studios, right where the “Tonight Show” is filled. In addition, Jacob Martinez is a graduate of The American Musical and Dramatic Academy (AMDA).

Taking to his Instagram on Thursday, April 30 once the news of his casting was revealed, Martinez, expressed, “Way too many people to thank in one post, so I’ll just say THANK YOU FROM THE BOTTOM OF MY HEART to each and every person who continues to pour into me and encourage me to chase my dreams. I cannot even begin to express how grateful I am. I already feel beyond blessed, supported, and loved. See you all in Salem ⏳”

Jacob Martinez appeared on Friday on the Days of our Lives Instagram account announcing his casting. You can check it out below. Deadline was the first to report the casting switch.

So, excited to learn who is the new Javi Hernandez? Please welcome Jacob Martinez to the role and be on the lookout for his debut on June 30. Comment below.

 

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