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Opri v. Birkhead, Part 862

September 26th, 2007

By PHATLAW Staff

Larry Birkhead republished under CC license by flyvancity

Debra Opri has filed yet another lawsuit against Larry Birkhead.  In a lawsuit filed today in L.A. County Superior Court, Opri alleges defamation, fraud, and breach of contract. Opri claims that Birkhead slandered her during his recent interview on “Larry King Live.”

The slanderous statements were apparently Birkhead’s claims that Opri leaked confidential information in his paternity case to Rita Cosby who wrote a tell-all about the life and death of Anna Nicole Smith.  Opri goes on to claim that Birkhead’s interview has harmed her ethics and her reputation.  To that end, she is seeking unspecified damages.

PHATLAW is not sure why Opri is alleging breach of contract in this current suit because she already has a suit pending for breach of contract.  Moreover, truth is an absolute defense to slander.  So, if Opri did leak confidential documents, then she is SOOL in proving her slander claims.  Also, fraud is an allegation that has to be pled with specificity; i.e. allegations of time of events, exact actions taken, and exact harm felt.  So, if the allegations of fraud are in any way speculative, look for this count to be dismissed.

PhatThought: Opri v. Birkhead is like the modern day Hatfields and McCoys.  The only difference is that these two are trying to kill each other by inundating the other with lawsuits.

PHATLAW will continue to post the latest developments in this case.

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The Next Chapter in the Death of Anna Nicole Smith Has Begun

September 5th, 2007

By PHATLAW Staff

Larry Birkhead republished under a CC license by flyvancity

Just when you thought there could not be any more legs to this story, a book deal appears and gets people talking again.  PHATLAW has learned that Rita Cosby, a former MSNBC anchor, has written a tell all book titled “Blond Ambition: The Untold Story Behind Anna Nicole Smith’s Death.”  Apparently, the book sheds new light on the circumstances surrounding the Blond Bombshell’s death and the custody battle over Dannielynn.

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Opri v. Birkhead, The Saga Continues . . .

July 1st, 2007

By PHATLAW Staff

Anna Nicole Smith republished with permission from Doggierules04 under a creative commons license

As promised, PHATLAW continues to keep its readers up to date on the latest developments surrounding the fallout from the death of Anna Nicole Smith.  PHATLAW has learned that Larry Birkhead (aka Smith’s baby’s daddy) has filed a Motion for Preliminary Injunction against his former attorney, Debra Opri.  The crux of the relief sought in the preliminary injunction is a court order that will require Opri to remit payment in the amount of $591,250.  Birkhead claims that this amount is in his Client Trust Account and consists of money he received for interviews and photographs.  Opri has recently filed a response to Birkhead’s preliminary injunction and has essentially argued that the money in the Client Trust Account should be paid to her as payment for outstanding legal bills. 

Opri’s Response to Birkhead’s Motion for a Preliminary Injunction

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Opri…You’ve Got Some Explaining To Do!!!

June 28th, 2007

By PHATLAW Staff

Anna Nicole Smith © Toby Forage

TMZ.com is reporting that Larry Birkhead aka Anna Nicole Smith’s baby’s daddy has lodged a formal complaint against his former attorney, Debra Opri.  PHATLAW readers may recall the saga behind the Opri-Birkhead civil litigation.  Opri sent Birkhead a legal bill totaling over $600,000 for representing him in the Dannielynn custody battle.  Opri’s bill for “legal services” reportedly contained charges for lobsters, her husband’s dry cleaning, a trip to the Outback Steakhouse and approximately 30 hours related to her attendance at Anna Nicole’s funeral in the Bahamas.  Working hard or hardly working?  You decide.

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