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 has learned that Kathie Martin, an Alabama etiquette coach, has sued Sacha Baron Cohen, aka Borat, and 20th Century Fox in Manhattan Supreme Court. The complaint alleges commercial misappropriation, fraud, unjust enrichment, invasion of privacy, and intentional infliction of emotional distress (“IIED”). Martin seeks undisclosed damages. The allegations stem from Ms. Manners’ scene in “Borat” where Borat shows her a naked picture of his son. Apparently, almost a year later, Martin is still miffed by Mr. Sexy Time’s deception and she is seeking legal action to get revenge.

In most state courts, allegations of fraud must be pled with specificity. In other words, the complaint must describe, in detail, the who, what, when, and where the fraud took place. Also, in most states, allegations of IIED must allege that the Defendant’s conduct is so egregious that it amounts to shocking behavior. Absent specific allegations of fraud and behavior that was truly abhorrent, look for Borat’s lawyers to file a motion to dismiss.

PhatThought: It seems that Borat’s Sexy Time is still getting him in trouble with the locals.

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

By PHATLAW Staff

PHATLAW has learned that Prince (along with his record label and fan club website) has been sued by some Tech Geek for $1 Million. In a lawsuit filed in Los Angeles County Superior Court, Ian Lewis alleges that the Rock Icon took 12 AVID hard drives without paying and returned a computer “in broken and un-fixable condition.” Despite the fact that the AVID hard drives are only worth $12K and computer is worth $25K, the Revenge of the Nerd is seeking exemplary damages in the amount of $1 Million.

In PHATLAW’s opinion, the Techy will have to show that the label and fan club website were either directly involved or contributed in some fashion to the wrongdoing. That will likely be hard to prove. As for the allegations against Prince, Lewis will have to support his claims with either physical evidence or an eye witness to the alleged thievery. Again, this may be unlikely. Regardless, PHATLAW wouldn’t be surprised if this case was settled out of court for a nuisance fee; i.e. cost of the actual property involved.

PhatThought: It’s a bold move to sue Royalty!

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

By PHATLAW Staff

PHATLAW has learned that Anthony Hopkins has sued his longtime collaborators, Merchant Ivory, for $750 K. The “Silence of the Lambs” star claims that Merchant Ivory owes him big duckets related to their latest movie collaboration on “The City of Your Final Destination.” Even though the movie wrapped long ago, and Hopkins was told he would receive payment in January, Hannibal Lector claims he still hasn’t received a penny. So, the British actor is taking his claim to an arbitrator to get his money.

Whether or not the famed Actor will receive his money will depend on the written terms of the contract. PHATLAW assumes there is a written contract because Hopkins wouldn’t be that dumb, right? If the contract spells out the terms wherein Hopkins receives$750K and he met those terms, then he gets his cash. However, the contract terms may indicate that this is non-binding arbitration. If that is the case, the arbitrator’s decision can be appealed in a court of law. Long story short – this case will not be over any time soon.

PhatThought: It looks like Hopkins demurer/lamb-like personality is “silent” no more.

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

By PHATLAW Staff

TMZ.com reports that the pair of Florida women who filed suit against “Girls Gone Wild” last month have dropped (or plan to drop) their suit.  The suit, originally filed in federal court, claimed their images were used without their consent.

But, unfortunately for these liars, there were CAMERAS EVERYWHERE to capture them clearly giving consent.  Is everyon in Florida this stupid, or only the women?

PHATLAW has GGW’s back on this one…now please send us free videos.

PhatThought:  Joe Francis should take a harder stance on tramps like these.  He should consider filing slander lawsuits against them.  Or, he could simply continue to exploit them, and others like them. 

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

By PHATLAW Staff

A cloud seems to be hanging over Michael Vick these days.  It seems like the former star cannot get a break and in the opinions of many animal lovers he doesn’t deserve one.  Vick suffered his latest set back when an arbitrator ordered Vick to repay close to $20 million in bonus money to the Falcons.  The arbitrator’s ruling means Vick will likely have to repay $3.75 million of the $7.5 million bonus that he received after signing his current deal in 2004, $13.5 million of the $22.5 million in roster, reporting and playing bonuses he was paid in 2005 and 2006, and $2.72 million of the $7 million roster, reporting and playing bonus that he received this year.

NFL contract disputes are subject to mandatory arbitration.  Now that Vick has lost before the arbitrator he is expected to challenge the decision in the U.S. District Court of Minnesota, which has jurisdiction over NFL player disputes pursuant to a settlement between the NFL and the NFL Players Association.  However, Vick will likely have limited grounds on which to challenge the arbitrator’s ruling (i.e. the decision was procured by fraud or that the arbitrator exceeded the scope of his authority) and the standard of review will not be in his favor.  This means that the award will likely stand and that Vick is out $20 million more on top of the millions in endorsements he has already lost.  No less than 2 banks are also suing Vick for a total of approximately $4 million.  PHATLAW hopes for Vick’s sake that he has a rainy day fund stashed somewhere safe.

PhatThought: When it rains it pours!

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

By PHATLAW Staff

Todd Minikus, a former member of the U.S. Olympic Equestrian Team has sued Bruce Springsteen and his wife, Patty Scialfa, for breach of contract. The suit alleges that The Boss and the Misses backed out of a deal in which they were to purchase a horse named Pavarotti for $650K. In addition, the Musical Geniuses also were supposed to give Minikus their horse named Scarlett, worth $200K. The suit seeks damages and compensation for the daily cost of upkeep for the horse.

In a breach of contract case, it all comes down to the terms of the agreement. If there is a written agreement, and it says The Musical Duo were to pay $650K for the horse and the horse was in good shape and ready for delivery, then the Equestrian may have a legitimate beef against the Multi GRAMMY winner. Depending upon the terms of the agreement, if there truly is a written agreement, the former Olympian can ask the judge for specific performance (enforce the terms of the contract) or damages. If there is only an oral agreement, then it will be a classic case of He Said, She Said.

PhatThought: By the time this case is settled, Pavarotti would have been turned into glue.

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

By PHATLAW Staff 

Robert William “Bob” Barker is a nineteen-time Emmy Award-winning former American television game show host. He is also now an alleged serial sexual harrasser.  Yes, lovable Bob, host of “The Price Is Right,” has been accused yet again of sexual harrasement.    Plaintiff Deborah Curling a former employee of the “The Price Is Right” has filed a complaint alleging violation of a California state staute, hostile work enviorment and intentional infliction of emotional distress.

Barker was first sued by one of “Barker’s Beauties” in 1993 for sexual harrasment.  He was sued again in 1995 by a “Barker’s Beeauty” that claimed she was fired for gaining weight.  Then, in 2000 five women filed suit against Barker.  On top of those suits, he has also been sued regarding allegations of racism.

PhatThought:  Somebody spay or nuder Barker.  Please!

PHATLAW will contine you to post latest developments in this case.

By PHATLAW Staff

PHATLAW has learned that the copyright owner of the song “When You Wish Upon a Star” is irate over the production of a parody of the familiar song. The music publishing house, Bourne Co., is the sole U.S. copyright owner of the song and states that the classic tune was twisted into an anti-Semitic ballad and widely distributed as part of the comedy television program “The Family Guy.” As such, Bourne has filed suit in the U.S. District Court in Manhattan. The suit accuses Twentieth Century Fox Film Corp., Fox Broadcasting Co., the Cartoon Network and others of copyright infringement. The suit seeks unspecified damages.

According to the lawsuit, in 2000, the defendants included the parody, “I Need a Jew,” in an episode of “The Family Guy,” the widely popular Fox animated television series.” The Complaint alleges that the episode titled “When You Wish Upon a Weinstein” relied on the premise that the main character, Peter Griffin, could not manage his family’s finances and needed to hire a Jewish person to take care of his money. During the episode Peter sings “I Need a Jew,” which the lawsuit claims is a copy of the music from “When You Wish Upon a Star.” The Complaint goes on to allege that the parody of the song is mixed with anti-Semitic lyrics and such use of the wholesome classic song mixed with anti-Semitic lyrics damages the reputation and good will surrounding the song.

In this instance, the Defendants have three possible defenses; 1) the statute of limitations has run; 2) laches; and 3) fair use. The statute of limitations for copyright infringement is 3 years from the time the Plaintiff knew or should have known of the infringement. Laches relates to the situation wherein the Plaintiff’s delay in bringing suit has caused damage to the Defendant. Fair Use, in this instance, relates to the Defendant making a parody or other “transformative use” of the underlying work. Based upon the defenses, PHATLAW would not be surprised if the parties reach an out of court settlement.

PhatThought: PHATLAW says that this new twist breathes new life in to this old tired song and such creativity should be complimented and encouraged. In other words, people are too sensitive these days.

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

By PHATLAW Staff

PHATLAW has learned that a jury has found New York Knicks head coach Isiah Thomas guilty of sexually harassing a former team executive and that Madison Square Garden fired her in retaliation for complaining about it. In what is being called a landmark sexual harassment case, the jury awarded Anucha Browne Sanders $11.6 million in punitive damages for being exposed to what has been called a frat-house environment at The Garden.

The sexual harassment suit alleged that from the time the Former Piston was hired in 2003, Thomas created a hostile workplace filled with unwanted advances. Browne Sanders alleged that The World Champion B-Baller made her uncomfortable with kisses on the cheek, hugs, and invitations to leave the office for sexual exploits. Browne Sanders further alleged that Thomas verbally harassed her by calling her sexually charged names and swearing at her crudely.

In defense of his harassing ways, the Former Piston merely argued that a black man can say things to a black woman that white men cannot. Oh, Okay Isiah – that’s all you got. No, I didn’t do it. No, she is overreacting. Only, black men can say things like that to black women. Oh P-L-E-A-S-E!, what a sorry excuse that is. Maybe, just maybe, that kind of talk and behavior is acceptable for the school yard basketball court, but it is definitely not appropriate or even remotely acceptable in a professional setting.

After the jury verdict was announced, the Whistle Blower told Robin Roberts of the “Good Morning America” show that “[t]he breaking point for me was when I had been complaining for a year and a half. When I realized what was happening to the women around me, I said ‘this is ridiculous,’ that was the breaking point.” Additionally, Browne Sanders told Roberts “I think it really is a wake-up call to those in a professional working environment, to those that are not civil, to let women know they have recourse.” Amen Sister!!!!!!!!!!!!

PhatThought: You Go Girl!!!!!!!!!!!!

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