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Civil Lawsuits Effecting female celebs || Celebrity News | PROOF with Jill Stanley

Civil Lawsuits Affecting Four of Your Favorite Female Celebs

Assault, Celeb News, Celebrities, Celebrity News, Civil Law, Custody, Divorce, Erin Andrews, Kendall Jenner

Celebrity news has always been and will always be the talk of the town. Sure people want to know what stars are wearing and who they’re dating. But, what really piques people’s interest is who is suing whom for what and how much!

When celebs find themselves in civil court cases, there is one major thing at stake: money. (That’s basically the main distinction between a civil case and a criminal case. In criminal cases, the focus is freedom; in civil cases it’s finances). No one likes to lose money, including celebrities, and with the resources to fight hard, these big cases usually turn into big legal battles.

Take a look at four of our favorite celebrity civil court cases from the past year and gain legal insight into the stories that rocked the celebrity news world as well as celebrity wallets–those hired guns don’t come cheap!

Erin Andrews

Celebrity news headlines were made and justice was most certainly served in March 2016 when a jury awarded sportscaster, Erin Andrews, a whopping $55 million in her civil suit against her convicted stalker, Michael David Barrett, as well as the owner and operator of the Nashville Marriott, where a nude video of her changing her clothes was filmed back in 2008. The shocking events sparked public outcry at the time and had many rethinking what privacy means.

The sportscaster, who was working at ESPN at the time of the incident, originally filed a suit for $75 million after Barrett, who was shockingly a former insurance executive, used a hacksaw to create a peephole and record her changing in the privacy of her hotel room. The video was later posted online. Millions watched. As one can imagine, the invasive incident caused Andrews great personal distress.

The unanimous jury deliberated for seven hours and determined that 51% of the fault belonged to Barrett, which amounted to more than $28 million of the total verdict. The hotel’s management company, Windsor Capital Group, and its owner, West End Hotel Partners, were found 49% responsible, which amounted to $26 million. West End Hotel Partners attorneys claimed that they shouldn’t be held liable because Barrett’s actions were his own and had nothing to do with the company. That argument failed because evidence showed that Barrett went to the hotel restaurant, used the house phone, called the hotel operator, asked to be connected to Andrews’ room, and easily learned her room number because it was displayed on the hotel phone. It was that information that lead him directly to her. Further, how secure is a hotel that makes it possible for another guest to alter a peephole and not get caught? The reality is West End Partners has a duty to protect the security of their guests and when they fail to do so and harm results, they are responsible. The jury was correct in assigning blame to them.

This verdict was important and not just from a celebrity news perspective but for victims everywhere. In fact, Andrews released a statement after the jury returned their verdict. The statement, posted on Instagram, read: “I’ve been honored by all the support from victims around the world. Their outreach has helped me be able to stand up and hold accountable those whose job it is to protect everyone’s safety, security and privacy,”

It should also be pointed out that prior to the civil case, Barrett was convicted of interstate stalking Andrews in a criminal court case. He was sentenced to 27 months in prison. Let’s hope Barrett learned his lesson and won’t be making any more celebrity news headlines again.

Kendall Jenner

How much is Kendall Jenner’s face worth? She thinks $10 million dollars!

In February 2016, the model/reality star sued skincare company Cutera for unauthorized use of her likeness in ads for their “Laser Genesis” treatment.

The company made a pretty ballsy move when they featured the brunette beauty in an ad that read, “Acne ‘Completely Ruined’ Kendall’s Self Esteem,” and then boasted that Cutera’s Laser Genesis treatment is what she used to get her “flawless skin.”

In the lawsuit, Jenner’s legal team contended that due to their client’s A-list status (Is Kendall an A-lister? ) she should be awarded $10 million for the use of her image. According to documents filed in court Cutera never obtained nor sought permission from Kendall for use of her image. In addition to seeking $10 million for the unauthorized use of her “face” Kendall also asked for a temporary restraining order (referred to as TRO for those into legal jargon) against the skincare company, as well the prohibition of any use of her name, likeness, or identity.

Just a few months after filing, Kendall’s legal team dismissed the case. Though likely less than $10 million, I am certain she received a nice payout from Cutera in exchange for that dismissal. In most jurisdictions when a civil case is dismissed, it done with or without prejudice– the distinction is that when a matter is dismissed with prejudice the case is completely over and cannot be bought again while a dismissal without prejudice allows for a case to be refiled. In Kendall’s situation, the Cutera case was dismissed without prejudice so her attorneys can refile should there be a need to do so.

Sofia Vergara

This is one of the celebrity news cases that we here at PROOF are obsessed with as it addresses complex legal issues regarding ownership of fertilized human eggs. There has been a lot of back and forth on this between the Sofia and her former fiancé, Nick Loeb. Most recently, Loeb filed a lawsuit against the actress on behalf of the fertilized eggs for the right to live. Yep, you read that right; Vergara is being sued by her own embryos. Now this one of those celebrity news story for the ages!

This isn’t the first time that Loeb has put up a fight for custody of the embryos or made headlines in celebrity news. The couple created the embryos together back in 2013 when they were still a couple (Sofia married Joe Manganiello of Magic Mike fame in 2015); Loeb sued her in California for custody of them. A California judge sided with the 44-year-old actress, when she requested that Loeb identify two of his previous lovers who had had abortions after he impregnated them. Loeb refused to reveal that information and the case was dismissed. He filed this new action in Louisiana. Among other things, this new suit claims that because “Emma” and “Isabella” (yes, the embryos have names!) have not been born, they’ve been deprived of an inheritance from a trust that has been created for them in Louisiana. The fact that Sofia’s ex chose to file the matter in a traditionally pro-life state is no accident. Though he allegedly has ties to Louisiana, the embryos aren’t there, Sofia doesn’t live there, and neither does Loeb, he’s clearly looking for a favorable jurisdiction (forum shopping, anyone? More about that in another post!). Still, the decision in this matter will be a landmark one in an area of the law that remains unsettled. And, with reproductive rights such a hot topic in this era of President Trump, all eyes will be on Sofia’s embryos. One part of this matter that we at PROOF find very interesting is the validity of a previously signed contract between Sofia and her ex that spoke to the subject of the embryos, specifically the part of the agreement that states that neither party could use the embryos without the consent of the other. The issue here is whether that is something that can even be contracted–this is going to be a very interesting legal discussion.

Is it just us or are you glad that the Vergara got rid of this guy and is living happily ever after (seemingly!) with her hubby? One take-away for all of us–men and women? Think twice about with whom you create embryos or you might find yourself in some not-so-flattering celebrity news headlines or at least in the case caption of a lawsuit!

Beyonce

Beyonce stealing the work of a deceased YouTube star? Seems unlikely but so says a $20 million lawsuit the estate of Messy Mya filed against Queen Bey. Mya’s family is claiming that Beyonce sampled the gunned-down rapper’s words in her hit song, Formation, but did so without permission. According to the lawsuit, which was filed in the Eastern District of Louisiana, the estate claims that Mya’s words helped, “create the tone, mood, setting and location of the New Orleans-themed ‘Formation’ video and audio recordings.” The case alleges that the sample was “blatant in both scale and degree” and that Mya “has received nothing — no acknowledgment, no credit, no remuneration of any kind.”

These types of cases are growing in popularity (Bieber is facing a similar suit in relation to his hit son, Sorry) and we have to wonder if these Grammy winning artists simply asked for permission, received permission, and gave a shout out to the original creator, they would never be brought. Certainly there is great financial value to Beyonce giving a relative unknown a little musical credit or some money. And, with a net worth of well over $200 million, she could well afford it. We at PROOF do not want to believe that Beyonce would steal anyone’s work so we are eager to see how this celebrity news story develops and we look forward to analyzing the evidence uncovered in support of Mya’s claims.

Interested in learning more celebrity news? Please peruse PROOF. We have tons of celebrity news articles about your Hollywood favorites.

3 of the Most Interesting Celebrity Lawsuits That Where Resolved in 2016

Erin Andrews, Kendall Jenner, Sean Penn

1. Erin Andrews vs. the Nashville Marriott and Michael David Barrett

Erin Andrews, co-host of Dancing with the Stars and reporter for Fox NFL filed suit against the above named defendants and others in October 2015. She sought $75 million in damages and alleged negligence, invasion of privacy, infliction of emotional stress, among other things from two incidents that took place in 2008. Most recall what happened: Barrett used his cell phone and through hotel peepholes secretly videotaped Andrews when she was naked in two different hotel rooms. He then posted the videos online which naturally received millions of views. Barrett was arrested in 2009 for these acts. In 2010 he pled guilty and was sentenced to two years and six months in prison, three years of probation, $5,000 in fines, and $7,366 in restitution. So, where does Marriott’s liability come on? In her lawsuit, Andrews alleged that Marriott staff had enabled Barrett to stalk and film her because they told him she was a guest at the hotel and allowed him to book and stay in a room adjacent to hers. What’s the most interesting aspect of this suit in 2016 terms? Well, that would be the size of the verdict and the message it sends. After a two-week trial which ended in March 2016, a jury found Barrett 51% at fault and the hotel management company, Windsor Capital Group, and its owner, West End Hotel Partners, 49% at fault and awarded Andrews $55 million dollars. This large verdict and the holding of the perpetrators liable sends a very loud message to people who invade the privacy of celebrities, or of anyone for that matter. No one should have to fear when they are alone in their hotel room and this huge hit should certainly make the next peeping Tom think twice as well as encourage hotel chains to take the privacy of their guests more seriously.

2. Sean Penn vs. Lee Daniels

In September 2015, Actor Sean Penn filed a $10 million defamation lawsuit against, Lee Daniels, the creator of the television show, Empire, among many other big Hollywood projects. The suit was based on an allegation Daniels made in an article in the Hollywood Reporter that Penn had beaten women. Penn said the allegation was untrue and he claimed that suffered damage as a result of it. Daniels filed a motion to dismiss arguing that the the First Amendment (freedom of speech) allowed him to voice his opinion about Penn. Daniels argument was not correct. The First Amendment does not protect defamatory statements against another. But all’s well that ends well, Penn dropped the suit after Daniels made the following public apology “I am so sorry that I have hurt you, Sean, and I apologize and retract my reckless statements about you. How thoughtless of me. You are someone I consider a friend, a brilliant actor and true Hollywood legend and humanitarian.” This apology accompanied a large donation to Penn’s Haiti-based charity. It was likely not a $10 million dollar donation but no doubt it was large and in the millions.

3. Kendall Jenner vs. Cutera, Inc

In February 2016, Kendall Jenner filed a $10 million lawsuit against Cutera Inc., a company that provides face and body aesthetic solutions. In her suit, she alleged that Cutera featured her in acne laser treatment ad campaigns without her permission. The ad claimed Jenner achieved her flawless complexion thanks to its’ Laser Genesis treatment which had eliminated her acne. Jenner didn’t deny that she had used the company’s treatment (in fact she had used it successfully), but that she had not been paid for the endorsement. As a very well known model and part of the uber well-known Kardashian/Jenner claim, a Kendall Jenner endorsement fetches a heavy sum. The suit specified that she is normally paid eight-figures for such endorsements; I certainly believe that. But, why does this case make the list? In an odd turn of events, Jenner dropped the suit a few months after filing without explanation. The court dismissed it without prejudice (which means it can be filed again as long as the statute of limitations hasn’t run). It’s possible that at the time she received the treatment Jenner made an oral agreement with the company to use her likeness and they were able to prove that, or that in the medical release and other documentation she signed at the time of the treatment there was a clause allowing them to use her likeness, or the parties may have settled out of court with a private, sealed agreement, or it could be that because Jenner’s worth is going up that she is going to re-file suit at a later date and seek a higher sum, or it could be that other evidence came out which effected the case in such a way that from a strategic perspective her lawyers decided to dismiss the matter now and then re-file, or not. Whatever the reason, we can generally count on a Kardashian or Jenner to be on all the top lawsuits list for 2016 as the list of lawsuits this famous family is involved in is very, very long.

Kendall Jenner is the Latest Kardashian to Have Her Jewelry Stolen

Burglaries, Celebrity News, Celebs, Crimes, Criminal Law, Kardashian, Kendall Jenner

Another day, another Kardashian crime victim–thankfully no threat of violence in this one.

Kendall Jenner is reporting that $200,000 worth of jewelry was stolen from her jewelry box in her Hollywood Hills home. While this theft occurred in the midst of the rash of celebrity burglaries at the hands of the knock-knock burglars, it’s not likely the result of that gang of thieves (For more information about the recent knock-knock burglaries, click here). Most think the culprit is someone Kendall knows or a friend of a friend who has access to her house because there were no signs of forced entry at the property.

On March 15, the 21-year-old hosted a party at her $6.5 million mansion, but for some reason she left her home for about an hour around midnight. Kendall’s security guard was stationed outside of the home but that didn’t prevent the bling stealing. Both a Rolex and Cartier are among Kendall’s missing goods. Apparently, Kendall didn’t realize the items were missing until after 1 AM but she called the police as soon as she did and reported the theft.

Much like her sister, Kim after the Paris burglary, Kendall fired the security guard who was hired to protect her and her house. Can’t imagine either of these guys thought they might be keeping their jobs. Good, swift decision, Kendall. You need someone who can actually do what they’re hired to do.

To date a suspect has not been identified but Jenner’s home has surveillance cameras so police are hopeful the footage will help find whoever is responsible for this crime.

Obviously we do not think Kendall deserved this anymore than Kim did or all the other celebs who have had their property stolen these past few months but police do suggest that celebs stop posting about their lavish lives on social media — it just makes it all too easy for criminals.

Interestingly, Detective Dunn of the LAPD also suggests that celebs “go public” and describe what has been stolen as it can help recover the items. For example, this has helped recover a stolen Super Bowl ring, among other things.

Though we know it’s not popular to say we feel bad for a Kardashian but we do feel sorry for Kendall. At PROOF we don’t like to see anyone used, taken advantage of or being the victim of a crime just because of who they are. We hope the thief responsible is apprehended and the world soon knows the type of “friend” this person really is.

Seeking more celebrity news? Check out other PROOF articles. We cover celebrity news like no one else!