Ex-employee’s claims against Nicholas tossed

September 23rd, 2009, 2:25 pm · 9 Comments · posted by Peggy Lowe

SANTA ANA — An Orange County judge has thrown out claims of sexual harassment and retaliation made by the former personal assistant of billionare Henry T. Nicholas III, but let stand two alleged labor violations.

Katherine Nichols sued Nicholas, the co-founder of Broadcom Corp., last February, saying she was fired after she testified before a federal grand jury investigating her former boss. Nichols also claimed gender discrimination by Nicholas and intentional infliction of emotional distress by Nicholas and his girlfriend.

Orange County Superior Court Judge Derek W. Hunt dismissed most of her claims Tuesday, but let stand two assertions of violating labor laws, including failure to pay overtime. Hunt also tossed the claim against Kim Davis, Nicholas’ girlfriend.

“We feel vindicated by the judge’s decision today throwing out virtually all of Kathy Nichols’ claims against Dr. Nicholas, including her claims that her termination had any linkage whatsoever to her grand jury testimony,” Emilio Gonzalez, Nicholas’ attorney, said after Tuesday’s hearing.

Sima Fard, Nichols’ attorney, vowed Wednesday to take the case back to court, saying Nicholas’ attorneys failed to properly challenge the claims and that they mislead the judge during Tuesday’s hearing. If Hunt doesn’t reinstate the claims, Fard said she will take her case to the state Court of Appeals.

“We absolutely blame the attorneys in this case for allowing this error,” Fard said. “Mr. Nicholas, being the billionaire that he is, has all the funds to litigate this little person.”

Gonzalez said Fard’s statement was false and “designed to distract from a significant victory.”

“We did not mislead the court and believe the ruling was correct in all respects,” Gonzalez said.

Nichols, 39, worked for Nicholas for a year and was fired in June 2008, 15 days after Nicholas was released from jail on bond. indicted. He has pleaded not guilty to 21 federal criminal charges of securities and accounting fraud and to four counts of distributing drugs.

Nicholas has filed a counter suit against Nichols alleging breach of duties and financial misappropriation.

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Jim Dandy says:

September 23, 2009 at 3:50 pm

Well talk about reporting the facts but not the story….my understanding Mr Nicholas’ attorneys are in hot water over this that could result in them losing their licenses….

I also hear the ruling from the judge was so out of line that there is questions arising of his relationship with Mr Nicholas’ new Law Firm, and the transcripts will be reviewed by several agencies.

so we shall see…the truth will come out

Post Reply

Cyrus says:

September 24, 2009 at 6:34 pm

hilarious conspiracy. are you well acquainted with the judge’s social habits? ‘’several agencies”? It is detrimental to your claim of malfeasance to substantiate by innuendo and rumor.

Post Reply

ACS_22 says:

September 24, 2009 at 9:52 am

CONGRATS Kimmy and Dr. Nick! I was happy to hear and read that Kimmy was dismissed from this frivolous lawsuit. It’s great that all those nasty claims against Dr. Nick were thrown out too!

Jim Dandy, you sound just as ridiculous as the attorney blaming Dr. Nick’s attorneys for succeeding in throwing out those stupid claims…isn’t it her attorney’s job to prove something was wrong or improper, especially if it was so bad they’re in “hot water” ???? Now there’s issues with the judge too????

Sounds like some sore losers to me. By the way, I heard this judge just happens to have a really good b.s. meter. Good luck with the rest of it Dr. Nick!

andy says:

September 24, 2009 at 11:17 am

Good for Nick (Dr. Nicholas) and Kim! I personally know Nick, Kim and Kathy and I could not believe the baseless accusations that Kathy was/is making against Nick and Kim. Sexual harassment? You wish Kathy! I’m glad that the judge saw through Kathy’s attempt to become rich and famous in a despicable way. Kathy probably thought that the mere threat of negative publicity (regardless of merit), given Nick’s desire to protect his children, was enough for her to make a quick buck. I guess you were wrong.

Scott Chang says:

September 24, 2009 at 11:46 am

I feel that Dr. Nicholas is getting vindicated for accusations that were drawn upon him. I wish him the very best……

Lewp77 says:

September 24, 2009 at 12:41 pm

Henry Nicolas is an American hero , let him live , leave him alone have some time to design more dope technology !!!!!!!!!!!!

Denise says:

September 24, 2009 at 1:18 pm

I know both Nick and Kathy personally and I think it’s great that the judge saw through Kathy’s lies. What never made sense to me was why would Kathy of stayed at her job if she was being sexually harassed? Obviously she was lying about everything. She got fried due to poor job performance.

aFriend says:

September 25, 2009 at 7:02 am

What “comes around, goes around” … It seems that Ms Nichols enjoyed her life as the Billionaires PA until he found out that she was taking advantage of her situation and was terminated … Congrats go out to Dr. Nicholas who seems to be taking the “high road” in all this and allowing the legal system to do what is right !!

October 8, 2009 at 2:28 pm

She enjoyed the life as his PA??? Having him do coke in front of her 2 year old daughter is fun? (see video tape suppressed from You tube…due in a Federal Court near you soon)

…and Denise..we both know how you met Dr. Nick….you better say nice things…addicts dont do well when cut off from the supplier….you still getting some when Kim isn’t around? Does Kim even know you guys were an item??

As for the attorney having those stupid claims thrown out…um…read the transcript…I have a feeling Nick wont be calling the reporters from the Register asking for a press release next week….hence this report

I also hear there is a surfer kid in Costa Rica about to sell some family vacation photos ..some family guy enjoying the right thing…and I dont mean Coca Cola…those are gonna hurt!