As a matter of law, Sers Nicholas said NMC was required to allege sufficient facts to support its counterclaims in this case.
NMC, as has been shown in this case, failed to do so, Sers Nicholas claimed.
He said what NMC did was to “continue making totally unfounded and conclusory allegations against Fernandez in its continuing effort to malign” the former NMC president by “personally attacking” her.
Fernandez through Sers Nicholas, has filed a motion for judgment on the NMC’s counterclaims against her.
Fernandez sued then-NMC regents Janet King and Paz Younis as well as regents Frank Rabauliman and Andrew Orsini for violation of action under the color of law and conspiracy, while the college and 10 Does were sued for wrongful termination and breach of contract.
The former and current regents named in the lawsuit voted to fire Fernandez last year.
NMC, through attorney Michael Dotts, countersued Fernandez for breach of contract and breach of fiduciary duty. NMC wants a jury trial.
