Judge dismisses 3 counts in Brodkorb suit against Minn. Senate - FOX 10 News | fox10phoenix.com

Judge dismisses 3 counts in Brodkorb suit against Minn. Senate

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On Wednesday, a federal judge dismissed three counts of defamation in the lawsuit against the Minnesota Senate filed by former aide Michael Brodkob over his firing. Only two discrimination counts remain.

Brodkorb was fired in 2011 after Senate leaders discovered he was having an extramarital affair with then-Majority Leader Amy Koch.

Describing the termination and process as a "palace coup," Brodkorb sued on the grounds that he was treated unfairly because female Senate staffers who had affairs were not punished.

U.S. District Judge Susan Richard Nelson dismissed the defamation charges because she said comments made by Senate Secretary Cal Ludeman were made in the context of "heated " negotiations.

Nelson also dismissed the state and unnamed Senate employees as defendants, leaving only the Senate and Ludeman as defendants in the suit.

After the decision, Sen. David Hann issued the following statement:

"We're pleased the judge agreed with the Senate and dismissed all three claims. We've said all along these claims are without merit and the Senate has acted lawfully. We believe the courts will find the remaining claims to also be without merit," said Senate Republican Leader David Hann.

As for what happens next, Senate Majority Leader Tom Bakk said in a statement that leaders will review the implications of the decision as they determine how to proceed and resolve the litigation.

"Our hope is to bring the remainder of the lawsuit to a prompt and satisfactory conclusion," Bakk said.

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