By PHATLAW Staff

PHATLAW sources reveal that Howard K. Stern has won a victory in his fight against Rita Cosby. PHATLAW readers will likely recall that the attorney turned lover of Anna Nicole Smith has filed a defamation suit against the former MSNBC anchor who wrote a tell-all book about the former PLAYBOY Playmate. The defamation suit alleges that Cosby defamed Stern when she alleged in her book that there are witnesses who say there is a video of Stern and Larry Birkhead (aka Baby Daddy to the Money Train) having sex.

The Judge issued a court order on Tuesday wherein Stern is allowed to investigate his allegations that Cosby unduly influenced the witnesses by offering to pay them thousands of dollars. Specifically, the Judge indicated that there is a lot of evidence that Cosby crossed the line in writing her book on Anna Nicole.

If Cosby is found to have unduly influenced witnesses, then Stern will likely be able to support his claims of defamation. In that case, look for the Judge to award Stern substantial sums of money.

PhatThought: In the meantime, PHATLAW would not be surprised if Stern settled this case out of court for a portion of the proceeds from the book. After all, it has been reported that Stern still lives with his parents. So, he could likely use the cash-ola.

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

By PHATLAW Staff

PHATLAW sources reveal that Howard K. Stern has filed papers in L.A. County Court asking that Dannielynn be named the sole heir to Anna Nicole Smith’s estate. The Petition indicates that The Money Maker is the “pretermitted heir” to the PLAYBOY Playmate’s estate. Essentially, Stern argues that Dannielynn stands to inherit under The Pill Popper’s will even though she is not named because Smith did not know of the child’s existence at the time of the drafting of the will.

If Howard has his way, baby Dannielynn will be the sole heir to millions of dollars. PHATLAW readers will recall that Anna Nicole Smith inherited millions from her late Billionaire husband, J.Howard Marshall. Now that Anna is dead, her sole heir stands in line to the fortune.

PhatThought: Can you say Birkhead and Stern are in cahoots to get their hands on the Billionaire’s oil fortune.

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

By PHATLAW Staff

Anna Nicoles’ former psychiatrist Dr. Khristine Eroshevich’s attorneys were recently in a Los Angeles courtroom challenging the validity of a search warrant police used in a raid on her home last week.

According to multiple published reports, several search warrants have been issued authorizing searches on those who may have over-prescribed medications to the buxom blond.

Dr. E’s lawyers challenged the warrants as overly broad and stated several personal items were taken, including CDs!

Under the 4th Amendment of the United States Constitution, search warrants must be reasonable and specific—i.e. name the specified object being searched for and the location(s) to be searched.  For example, if police we looking for a rocket launcher used in an attack on a group of civilians in a suspects home, police most likely could not open up a small desk drawer…and if they found other contraband in that small drawer when they were not lawfully there such as marijuana or heroin, it would likely be suppressed at a later date.

Too bad for Dr. E the search warrant was looking for evidence of over-prescribed medication.  Loose pills floating around could be indicative of such practices and, as Tech Support is very aware, pills are small and can fit almost anywhere—say, under his pile of Hustler magazines in his bathroom or inside the Jabba the Hut figurine perched on his nightstand.

PhatThought:  Does Dr. E. have a pill to cure incessant crying and sadness?  If so, let us know—we are all worried about Tech Support.

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

By PHATLAW Staff

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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By PHATLAW Staff

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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By PHATLAW Staff

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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