Popsquire

Video killed the radio star, but the real question is whether it can kill a plaintiff and a few reality tv stars, too.

[Bauer Griffin Online]

Two high-profile disputes — one among Spencer Pratt, Heidi Montag and the producers of I’m A Celebrity…Get Me Out Of Here! and the other between Richelle Olson and the Bruno movie — have something in common: alleged video evidence.

Speidi claim that producers of I’m A Celebrity tortured them by, among other things, locking Heidi in a Costa Rican “dark room for 3 days with no food or water.”  The production company, however, says Speidi’s description of their accommodations is false and that videotape will prove it.

Likewise, NBC Universal contends that video footage will prove plaintiff Olson’s lawsuit — which alleges that Sacha Baron Cohen aka Bruno ambushed bingo night, assaulted her, and left her in a wheelchair — is “baseless” and “frivolous.”  Universal issued this statement:

“[F]ilmed footage of the full encounter, which took place more than two years ago, clearly shows that Ms. Olson was never touched or in any way assaulted by Sacha Baron Cohen or any member of the production and suffered no injury.”

Yes, video can be helpful in any dispute; however, it’s not necessarily a slam dunk.  Remember, a jury acquitted R. Kelly of child pornography charges last year, even though the prosecution showed the jury video footage of what they say was R. Kelly having sex with a minor.

The solution: show us the video now!

Technorati Tags: bruno, entertainment litigation, heidi montag, i'm a celebrity get me out of here, lawsuit, legal expert, pop culture law, popsquire, richelle olson, russell wetanson, sacha baron cohen, spencer pratt, video

The lawyer for a woman suing Sacha Baron Cohen thinks they may have hit the jackpot with their new lawsuit.

[Bauer Griffin Online]

As a reminder, plaintiff Richelle Olson says that Cohen — while in character as Bruno — ambushed bingo night, assaulted her, and left her in bad shape.  Her attorney just released a statement warning the legal community not to count out this lawsuit just because several other lawsuits against Cohen for his Borat antics were dismissed.  Kyle Madison, Esq., says:

The actions of Mr. Cohen and those acting in concert with him have sresulted in life-altering injuries to my Client.  My focus is her well-being and to securitre a faire, just and equitable remedy for her claims.  This claim is distinguishable from Mr. Cohen’s previous lawsuits as a Defendant.

Um, just saying it’s “distinguishable” doesn’t mean it is!  Mr. lawyer, you gotta give us more than that.  Did the plaintiff sign a release?  If she did, your client may be out of luck, unfortunately.

Technorati Tags: bruno, entertainment litigation, lawsuit, legal expert, pop culture law, popsquire, richelle olson, russell wetanson, sacha baron cohen

Eminem isn’t the only one who is upset with Sacha Baron Cohen.

[Bauer Griffin Online]

The difference is that Richelle Olsen isn’t faking her anger.  In a lawsuit filed against Cohen, NBC Universal, and others, Olsen claims that Cohen’s character Bruno left her confined to a wheelchair after he “offensively touched, pushed and battered” her during a 2007 bingo game.  Olsen claims that the altercation — apparently a wrestling match over control for the bingo mic — caused her to sob “uncontrollably” and fall down, resulting in a “diagnosis of two brain bleeds.”

The issue here may be whether the plaintiff signed a release after the alleged conduct occurred.  Several other people sued Cohen for Borat conduct, but those cases were dismissed because the plaintiffs had signed releases.

Popsquire will keep you posted.

Technorati Tags: battery, bingo, bruno, lawsuit, legal expert, pop culture expert, pop culture law, popsquire, richelle olsen, russell wetanson, sacha baron cohen, wheelchair

Donald Trump is a billionaire.  Really, he is.  Seriously, he must be.  And, if you say he isn’t, he will sue.

[PRN / PR Photos]

Trump and author Timothy O’Brien are battling it out in court over statements in O’Brien’s 2005 book, Trump Nation: The Art Of Being The Donald, that Trump is worth only $150 million to $250 million.  As part of a lawsuit filed in 2006, Trump is seeking billions of dollars in damages and claiming that O’Brien defamed and damaged him by contending that he is not a billionaire.

Lawyers for both sides were in a New Jersey court yesterday.  O’Brien’s attorneys are seeking a dismissal of the case, Trump wants to proceed to trial, and the judge promised to make a decision within two months.

Oh, this case better go to trial.  Imagine the closing argument for the defense: “Ladies and gentlmen of the jury, if Mr. Trump were a billionaire, don’t you think he could afford a better hair piece?”

Technorati Tags: billionaire, book, defamation, donald trump, lawsuit, pop culture law, timothy o'brien, trial, trump nation: the art of being the donald

Woody Allen just scored a $5 million Match Point against American Apparel.

[Anthony G. Moore]

Popsquire followers likely remember that Allen was set to begin trial against the clothing company for $10 million, arising out of the unauthorized use of the star’s image in a billboard ad campaign.  This morning, however, the parties announced a last-minute $5 million settlement, which Allen says may be the “largest amount ever paid under the New York right to privacy law.”

That’s definitely a huge settlement, especially just before trial.  To settle for 50% of the asking price after preparing for trial shows that American Apparel was not confident in its defense.

Technorati Tags: american apparel, billboard campaign, entertainment litigation, pop culture law, settlement, woody allen

Snoop Dogg is doing it lawyer-style.

[Wild 1 / PR Photos]

Plaintiff Richard Monroe is suing the rapper for $22 million, so Snoop took the stand in his defense today in Santa Monica.  Monroe claims that Snoop invited him on stage and then hit him with a brass knuckle microphone, causing a broken nose, a busted lip, black eyes and bruised ribs.  Of course, Snoop testified that he had no idea who hit the plaintiff and that he should have stayed off the stage.

Either way, it doesn’t take a lawyer to know that a concert fight is not worth $22 million.  Go Snoop!

Technorati Tags: civil trial, pop culture law, richard monroe, snoop dogg, testify, testimony, witness stand

Bravo’s Flipping Out tv personality, Jeff Lewis, and Ugly Betty’s Ashley Jensen reached a settlement in their property dispute, but Jeff is continuing with the war of words.

Jeff and Ashley are neighbors.  They have been battling over a property line, and the dispute got so ugly that a Los Angeles judge issued a temporary restraining order against Jeff in December, ordering him to stay at least 50 feet away from Ashley and her husband.  Since then, the parties have reached a settlement, which Jeff describes as follows:

“I’m happy Ms. Jensen has returned to Earth, removed the restraining order, and insisted we settle our boundary dispute for my original offer of $30,000.  Clearly, she has milked this publicity opportunity for all it’s worth.”

Not only is this statement inflammatory, but it’s odd.  Most settlement agreements require the monetary terms to remain confidential.  If Jeff’s statement is in violation of the settlement, Ashley may be able to pursue legal remedies and monetary damages against him.  Now, that’s something to flip out about!

Technorati Tags: ashley jensen, entertainment law, Flipping Out, jeff lewis, law, legal dispute, pop culture, property dispute, restraining order, settlement, ugly betty

Woody Allen and American Apparel are fighting like Husbands and Wives.

[Anthony G. Moore / PR Photos]

A trial is set to begin next month in a $10 million lawsuit Woody filed against the clothing company for using his image in its ads without authorization.  Now, the parties are arguing over access to documents related to, among other things, Woody’s sex scandals and Mia Farrow’s accusations that he abused their adopted daughter, Dylan.

Note to Woody: Welcome to litigation!  This may seem like a dirty tactic, but if you won’t settle the case for a reasonable sum of money, American Apparel may have to show that your endorsement is not worth much.

Technorati Tags: american apparel, discovery, entertainment litigation, law, mia farrow, personal documents, pop culture, right to publicity, sex scandals, trial, woody allen

Lifetime is in, and Bravo is out!

[Janet Mayer / PR Photos]

Project Runway will air this summer, because NBC Universal, Lifetime, and The Weinstein Company announced that they “have resolved their disputes.”  And, like all settlements, money is involved.  A rep for NBC Universal confirmed that TWC “will pay NBCU for the right to move Project Runway to Lifetime,” but the amount will remain confidential.

Click here to catch up on the drama.

PS:  Yay!!!!!!

Technorati Tags: bravo, celebrities and law, entertainment litigation, lifetime, nbc universal, pop culture law, project runway, settlement, weinstein company

Dustin Diamond is not being saved by a bill…

[Glenn Harris / Photorazzi]

We Energies is suing the former child star over non-payment of $2,079.40 in utility bills at his Wisconsin home.  The small claims court suit alleges Dustin racked up the charges on or before Feb. 4.  He has until April 15 to respond.

Technorati Tags: celebrity fit club, dustin diamond, lawsuit, saved by the bell, screech, utilities

Two plaintiffs claim that Queen Latifah didn’t give them the royal treatment.

[Albert L. Ortega / PR Photos]

Cosmetologist Roxanna Floyd and fashion stylist Susan Moses filed lawsuits against Latifah for $700,000 and $300,000, respectively.  Each claims that Latifah failed to pay for services.  Latifah’s anticipated defense: “That’s Mad Money for Hairspray!”

Technorati Tags: celebrities, cosmetologist, entertainment litigation, lawsuit, pop culture law, queen latifah, roxanna floyd, stylist, susan moses

Jeremy Piven’s behavior is fishy, to say the least.

Just days after producers of Speed The Plough announced that they intend to move forward with an arbitration against Piven for dropping out of the Broadway play for allegedly suffering from mercury poisoning, he is seen eating calamari salad and tuna tartare in Miami!

The meal sounds delish to Popsquire, but it likely sounds like a nightmare to Piven’s attorneys.  Even if he has recovered from the mercury poisoning that allegedly caused him to quit the play, this just looks bad.

[Albert L. Ortega / PR Photos]

Megan Hauserman, former Rock of Love: Charm School contestant, is suing Sharon Osbourne for battery, negligence and infliction of emotional distress.

Ironically, as the host/mentor on the show, Sharon’s job was to help the contestants become more sophisticated and lady-like.  Click here to see how well Sharon fulfilled her job duties.

Then, begin counting down to a settlement.  Unless Sharon can prove that Megan consented to the violence, she may be in big trouble and should expect to pay to make this case go away.

[Albert L. Ortega / PR Photos]

Technorati Tags: battery, emotional distress, entertainment litigation, megan Hauserman, negligence, pop culture law, rock of love charm school, sharon osbourne lawsuit

Eminem may want Universal Music Group to Just Lose It.

The trial in a two-year-old lawsuit involving Eminem and Universal is set to begin today in California.  Like all lawsuits, this is about money.  Plaintiffs F.B.T. Productions and Em2M, LLC, which are comprised of people and entities that discovered Eminem, claim that Universal has not paid approximately $1.3 million for songs sold by third party distributors such as iTunes, Spring, and Nextel.

The key question is whether the use of Eminem’s music in a download deal is considered a licensing agreement or a distribution deal under a 1998 agreement.  If it’s a licensing arrangement, then the plaintiffs split royalties 50-50 with Universal, while a distribution deal pays much less.

No matter how this trial turns out, it can serve as another example about how technology can impact the legal negotiations.  Similar to the issues raised by disputes among the WGA, SAG, and Hollywood studios over residuals for internet and DVD sales of movies and television shows, it’s challenging to define terms that are evolving and quantify sales/profits/residuals related to those terms.

The solution: everyone should have a lawyer and a psyshic.

Click here for the Summary Judgment papers.

[Photo: PR Photos]

Technorati Tags: digital download lawsuit, em2m llc lawsuit, eminem lawsuit, entertainment litigation, fbt productions lawsuit, pop culture law, universal music group

There’s no California Love between Morgan Creek Productions and Tupac Shakur’s mom!

In a breach of contract lawsuit filed in LA Superior Court earlier this week, MCP is suing Amaru Entertainment (run by Tupac’s mom) over the rights to produce a movie based on the rapper’s life.  Like Popsquire followers have seen with lawsuits over Push and Project Runway, the Hollywood negotiations are somewhat convoluted.

Here’s how MCP says it went down.  Negotiations began in November 2008.  In mid-December, MCP asked Amaru to generate a “comprehensive term sheet that set forth Amaru’s bottom line position” that “if accepted, would constitute an agreement between the parties.”  On December 17, Amaru delivered the term sheet, did not place any time restrictions on accepting it, and the attorney negotiating the deal went on vacation.

On January 21, 2009, MCP accepted the terms proposed by Amaru via telephone and in writing.  Now, MCP claims that Amaru refuses to perform under the contract and, instead, continues to shop the rights to the movie around town.

The Amaru attorney better have had a really great vacation, because it sounds like she’ll need another one soon!  Click here to read the Complaint.

[Terry Thompson / PR Photos]

Technorati Tags: amaru entertainment, breach of contract, morgan creek productions, patti glaser, pop culture law, skip miller, tupac shakur movie lawsuit