The TV news personality claims she was fired June 23 because she rejected Roger Ailes' sexual advances. Watch video
HACKENSACK - Attorneys for Fox News Chairman and CEO Roger Ailes on Friday filed a motion to move Gretchen Carlson's sexual harassment lawsuit from New Jersey to New York City.
Carlson's attorneys Friday evening accused Ailes of "judge shopping."
"We feel confident that the law will not allow such maneuvering," Carlson's attorney, Nancy Smith of Montclair, said in a statement.
Ailes' attorneys argue that the case should be handled in arbitration rather than in court, and that New York City is the right venue for the case.
A Fox News spokesman told NJ Advance Media the case should not have been filed in Bergen County.
"We're trying to get this to the court where it belongs," the spokesman stated in an email. "If anything, Gretchen Carlson's lawyer was attempting to judge shop by originally having this heard in her comfort zone of state court in Bergen County, where neither Roger nor Gretchen reside."
Carlson originally filed the suit in Bergen County Superior Court. Ailes owns a home in Cresskill and has also stated he lives in Garrison, N.Y., according to court documents.
Attorneys for Carlson filed a sex harassment lawsuit on July 6, claiming during journalist's 11-year tenure Ailes ogled her, suggested they have sex together, and called her a "man-hater" who should "get along with the boys."
The TV personality claims she was terminated because her contract was not renewed when she rejected the Fox chief's advances. Fox claims Carlson's ratings were low.
Earlier this month Ailes filed to have the lawsuit moved out of Superior Court to federal court in Newark, arguing that federal court is proper because he and Carlson live in different states.
"After invoking jurisdiction of the New Jersey federal court and filing a motion there, Mr. Ailes decided that he doesn't like the judge assigned to this case and he illegally is attempting to judge shop by now seeking to move the lawsuit to another jurisdiction," said Carlson's attorney, Nancy Smith.
Smith filed a brief on Friday "vigorously arguing that (Carlson's) sexual harassment and retaliation lawsuit (should) remain adjudicated in a public court and not moved into a secret arbitration proceeding," spokesman Alan Ripp stated in an email.
"A further filing will follow on Monday that objects to Ailes' illegal and inappropriate judge shopping by trying to move the case out of New Jersey federal court," Ripp said.
Anthony G. Attrino may be reached at tattrino@njadvancemedia.com. Follow him on Twitter @TonyAttrino. Find NJ.com on Facebook.