![]() ![]() Third, they argue that Stern has failed to present evidence from which a jury could find that they acted with actual malice.īefore the Court are defendants' motions for summary judgment. Second, they contend that the statements in question are not defamatory, and argue in particular that, in this day and age, statements suggesting that someone is homosexual are no longer libelous per se, as they no longer connote shame, contempt, or ridicule. First, they argue that Stern is "libel-proof"that is, they contend that his reputation is already so bad that it cannot be further damaged. Stern contends that defendants defamed him in the Book by falsely stating or suggesting, among other things, that he had engaged in sex with the father of Smith's child, "pimped" Smith to as many as fifty men a year, and played a role in Smith's death.Ĭosby and Hachette deny that they have libeled Stern. ("Hachette"), the author and publisher, respectively, of the bestselling book Blonde Ambition: The Untold Story Behind Anna Nicole Smith's Death (the "Book"). Stern, the former lawyer for and companion of the late Anna Nicole Smith, sues defendants Rita Cosby and Hachette Book Group USA, Inc. Ude, Jr., Esq., Lambda Legal Defense and Education Fund, Inc., New York, NY, for Amicus Curiae Lambda Legal Defense and Education Fund, Inc. Andrews, Esq., Hachette Book Group USA, Inc., New York, NY, for defendant Hachette Book Group USA, Inc. ![]() McNamara, Esq., Elisa Miller, Esq., Deborah Adler, Esq., New York, NY, for defendant Rita Cosby.Īkin Gump Strauss Hauer & Feld LLP by Douglass B. Stern.ĭavis Wright Tremaine LLP by Elizabeth A. Gilberti, Jr., Esq., Lisa DiPoala Haber, Esq., Belina Anderson, Esq., Syracuse, NY, for plaintiff Howard K. ![]() Krista Barth, Esq., Palm Beach Gardens, FL, and Gilberti Stinziano Heintz & Smith, P.C. Patton, Esq., Amy Stewart, Esq., Atlanta, GA, and Eric M. Opinion Denying Reconsideration September 25, 2009. d/b/a Grand Central Publishing, and John or Jane Doe, Defendants. Rita COSBY, Hachette Book Group USA, Inc. ![]()
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