Judge denies motion to dismiss lawsuit against former morning radio host Eric Ferguson

Mallet of the judge

CHICAGO (WBBM NEWSRADIO) -- A Cook County judge has denied a motion to dismiss a lawsuit accusing former radio personality Eric Ferguson of coercing sexual favors from an underling and retaliating when she refused to continue.

According to the Tribune, Judge Daniel Kubasiak found the lawsuit’s claims were sufficient and allowed the civil proceeding to continue. As a result, Ferguson has until Jan. 12 to respond to the allegations raised by his former assistant producer, Cynthia DeNicolo.

In the lawsuit, DeNicolo accused Ferguson of sexual misconduct and alleged he blocked raises and promotions throughout her 20-year career before she was let go from The Mix.

Ferguson’s lawyers argued in their motion the lawsuit “appears to be intended to smear defendant’s reputation” and was “completely devoid of factual allegations.”

According to the Tribune, Ferguson’s lawyers raises various legal challenges including the statute of limitations and a separation agreement signed by his accuser that included a clause barring her from any future claim against management “in return for a substantial severance package.”

The judge wrote that the issues raised "warrant further discovery," allowing the case to proceed.

Ferguson’s attorney, Peter Donati, told the Tribune the judge’s ruling allowing the lawsuit to proceed “is not a ruling on the truth or falsity of (DeNicolo’s) allegations. The judge is simply saying discovery will be needed before he can decide whether her claims will be permitted to go to trial.”

The suit labeled Ferguson a “serial abuser of women.”

Three more women have come forward with allegations since the suit was filed.

Attorney Carmen Caruso, who represents Cynthia DeNicolo, told the Tribune the judge’s ruling “is a big step toward justice” for his client.

“We look forward to cross-examining Mr. Ferguson under oath and trying our case to a jury of 12 in open court,” Caruso said.

Ferguson, 54, has denied wrongdoing.