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1220: Justin Wells

Justin Wells

Justin Wells was the producer for Tucker Carlson’s FOX News program and, reportedly, his ‘right-hand man.’ He was fired along with Carlson in April, 2023, and is producing Carlson’s current shows. He and FOX News have been sued by a former producer, Andrew Delancey, under New York’s law temporarily lifting the statute of limitations on sexual assault lawsuits. The alleged sexual assaults, harassment, and retaliation happened in 2008.

Delancey alleged that Wells repeatedly grabbed his genitals and when he wanted to file a complaint, he was talked out of it by his immediate superior. He alleged that he was sexually assaulted and when he objected, Wells retaliated against him, leading him to give up his position in the national office and go back to his prior position in Florida.

When people were posting their experiences at the beginning of the #MeToo phenomenon,  Delancey posted about his experience and, he claims, Wells reached out to ask who committed the assault. When Delancey made that allegation, New York had not lifted the statute of limitations so there was no pecuniary motive at the time he first told his story, contra Tucker Carlson’s claim that it’s all about money.

UNITED STATES DISTRICT COURT
Case No.:
1:23-cv-10357(AT)
COMPLAINT
Jury Trial Demanded
SOUTHERN DISTRICT OF NEW YORK
X
ANDREW DELANCEY, :
:
Plaintiff, :
:
v. :
:
JUSTIN WELLS, FOX CORPORATION, and FOX
NEWS NETWORK, LLC.
:
Defendants. :
X
Plaintiff Andrew Delancey (“Plaintiff”) through his lawyers Filippatos PLLC, brings this
Complaint against the FOX CORPORATION, FOX NEWS MEDIA (together with the FOX
CORPORATION as “Fox,” the “Fox Defendants,” or the “Network”), and JUSTIN WELLS
(collectively “the Defendants”), and hereby alleges as follows:
PRELIMINARY STATEMENT
1. By now, most people are familiar with the fact that Fox is a workplace where sexual
harassment notoriously runs rampant. Alleged perpetrators of sexual harassment (and in some
cases sexual assault) include the former CEO and Chairman of Fox News, Roger Ailes, as well as
the Network’s most notable former personalities such as, Tucker Carlson, Bill O’Reilly, and Ed
Henry.
2. Fox’s fostering of a sexual harassment culture is so severe that Fox received the
largest civil fine ever ordered by New York City's Commission on Human Rights.1
3. In 2017, even Fox’s own shareholders sought to hold the Network accountable by
suing the then parent company, Twenty-First Century Fox Inc., for the Network’s sexual
1 https://www.usatoday.com/story/entertainment/tv/2021/06/29/fox-news-1-million-finesettlement-
sexual-harassment-case/7805330002/ (last visited November 29, 2023).
harassment culture and the large golden parachutes that the Network offered to alleged
perpetrators.2 Ultimately, Twenty-First Century Fox Inc. agreed to pay its shareholders $90 million
dollars to settle the case.3
4. With this backdrop in mind, it is not surprising that Fox set the conditions for their
then employee, Justin Wells (Tucker Carlson’s right-hand man),4 to sexually assault and harass
his coworker, Plaintiff Andrew Delancey.
5. Appallingly, there is no question that Wells’s unlawful conduct was facilitated and
fostered by Fox. Wells utilized his status at Fox to prey on Mr. Delancey and, because Fox failed
to properly act on a previous sexual harassment complaint against Wells, Fox gave Wells the
opportunity to sexually assault and harass Mr. Delancey.
6. Notably, Wells first set his target on Mr. Delancey through a Facebook group that
included employees of Fox and its affiliates. Wells told Mr. Delancey that he could help Mr.
Delancey learn the ropes at Fox, asserted that he was powerful and knew many higher-ups at the
company, and stated that he could help Mr. Delancey’s career.
7. Around the time of the assault, Mr. Delancey’s own supervisor, Mykel McCarthy,
explicitly warned Mr. Delancey not to report any concerns to Fox’s Human Resources (“HR”) and
made him swear not to report any inappropriate conduct that he witnessed during regularly
occurring social events with employees.
8. Mr. Delancey has mostly suffered in silence for many years, contemporaneously
2 https://money.cnn.com/2017/11/21/media/fox-harassment-discriminationsettlement/
index.html (last visited November 29, 2023).
3 https://www.reuters.com/article/us-fox-settlement/21st-century-fox-in-90-millionsettlement-
tied-to-sexual-harassment-scandal-idUSKBN1DK2NI/ (last visited November 29,
2023).
4 https://finance.yahoo.com/news/meet-gay-man-fueling-tucker-200513465.html (last
visited November 29, 2023); https://www.signorile.com/p/the-powerful-gay-man-behind-tucker
(last visited November 29, 2023).
sharing the details of what had happened to him with a select few and, in 2017, publicly sharing
that he had been sexually assaulted.
9. After witnessing so many brave victims coming forward to seek justice through the
Adult Survivor’s Act (“ASA”), Mr. Delancey was inspired to hold Defendant Wells and Fox
accountable.
JURISDICTION AND VENUE
10. This Court has original jurisdiction over this action pursuant to 28 U.S.C. §1332(a)
because the amount in controversy exceeds $75,000 and there is complete diversity of citizenship
between Plaintiff who is a citizen of Ohio and Defendants who are not.
11. Venue in the Southern District of New York is proper pursuant to 28 U.S.C. §
1391(b)(1) and (2) because Fox’s principal place of business is New York City, Defendant Wells
resides in the state of New York, and a substantial part of the events or omissions giving rise to
the claims herein occurred in this district.
PARTIES
12. Plaintiff Andrew Delancey currently resides in Ohio and identifies as a gay male.
13. Plaintiff is a former Regional Producer with Fox News Edge, an affiliate service
of Fox, that serves more than 175 newsrooms, and provides content for Fox television stations
across the country. As such, Plaintiff was employed by the Fox Defendants.
14. At all relevant times, Defendant Justin Wells resided in New York, New York and
was employed by the Fox Defendants. At the time that Wells assaulted Mr. Delancey, Wells was
a Field Producer on Greta Van Susteren’s “On the Record.” Wells was later promoted by Fox to
Executive Producer of “On the Record,” and remained with the show until Greta Van Susteren’s
ouster in 2016. Thereafter, Wells helped launch the now defunct “Tucker Carlson Tonight” as Mr

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