The lawsuit, brought by ex-husband Kevin Maher, claims that Danielle Staub fabricated much of her "The Naked Truth" memoir in which he was described as a cruel and abusive husband. She said everything she wrote is, as the title suggests, the absolute truth.
As any New York personal injury lawyer would tell you, the best defense to a defamation charge is the truth. According to TMZ, though, Kevin Maher's suit also claims she accused him of killing her dog, forcing her to play Russian Roulette and raping her on a bed covered in broken glass; she says she never said those things, which means they must not be in her book.
]]> Danielle Staub's recently filed court documents claim he has no evidence she said such things. But she did, however, list several examples of his "alleged scumbaggery," as TMZ so eloquently puts it. She claims that in his own memoir, "Cop Without a Badge," he admits to using cocaine, having "overactive sexual proclivities" and having once shoved a gun into the crotch of a man he believed was sleeping with his then-wife.TMZ reported that the two are trying to settle their differences through mediation; but this case is so acrimonious, one has to wonder whether an alternative dispute resolution forum really can work with these two.
And based on comments he made to the gossip news site, let's not get our hopes up too much:
"I will listen to the mediator ... but if the results are not fair and reasonable, I look forward to my day in court when I can call [Danielle] out on her lies. I want to be vindicated for the horrific crimes she falsely accuses me of."
If someone has said or written something about you that's untrue and damaging to your reputation, you may want to call a New York personal injury attorney for help.
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In other words, the rude and crude behavior of its eight, larger-than-life cast members that made the show so popular may also be its demise. In fact, their antics make me wonder if New York personal injury lawyers enjoy watching the show to see how many legally actionable offenses they can spot in each episode.
]]> A woman identified in court documents as "J.P." claims she received a gaping wound on her chin after four security guards allegedly threw her to the ground. She claims cast member Nicole "Snooki" Polizzi instigated a heated argument with her while filming the show.J.P. filed suit against Viacom and the cast members for assault and racketeering, claiming the companies involved with the show are profiting from the alleged criminal behavior of the castmembers.
True to form, cast member Sammi "Sweetheart" Giancola reportedly refused service of the civil complaint against her and left the papers on the sidewalk. It doesn't mean the lawsuit doesn't exist, though, and she'll want to call a lawyer if she hopes to defend against the charges.
The plaintiff's attorney, Eugene Lavergne, told the Daily Record that the show could be pulled from the air if his client wins her suit.
Three other New Jersey residents have injury lawsuits pending against MTV and the show's producers for other alleged assaults by cast members. An Illinois woman filed a federal suit against the companies and cast members, claiming she was assaulted by one of the show's stars in a Miami nightclub.
Something tells me that even if "Jersey Shore" ends production, its stars will continue to make the headlines.
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"They lost control and [the driver] swerved. He hit the curb and the car flipped over twice before it landed on the pole."
The six young men were allegedly speeding down Arthur Kill Rd. in Greenridge at about 1 am when the driver, who was not yet identified, lost control of the vehicle. The car nearly was cut in half by the impact and the two who died were thrown from their seats.
]]> It's too early to know for sure how this will play out, although a CBS New York article cites unnamed police and district attorney sources suggesting that alcohol may have been a factor. Whatever the case, families for the two deceased men and the other three survivors (minus the driver) may already be contacting New York personal injury lawyers and preparing for a possible lawsuit.FindLaw details the different ways liability is determined in automobile accidents, including many actions that may be claimed as acts of negligence. For example, speeding, reckless driving and operating a vehicle under the influence of alcohol or drugs all could trigger an injury lawsuit. The fact that all of the young men involved in the crash were underage could also come into play.
And the families of those who were killed in the crash may file wrongful death claims against the driver if they can prove negligence, as explained by FindLaw.
Jeff Capretta, one of the two deceased men, was arrested in December for a DUI resulting in a crash. No one was seriously injured in that incident but police said he had a blood-alcohol concentration of 0.151 percent.
Contact a New York personal injury attorney if you have been injured in a car accident.
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E-Trade's legal team is trying to sway a New York judge to dismiss the case, but her New York personal injury lawyer recently filed her own papers in an attempt to block the motion.
Lindsay Lohan filed suit in response to an advertisement in which one baby refers to another baby named Lindsay who is a "milkaholic" and a "bimbus." The actress believes it was a sly attack on her, given the star's own struggles with substance abuse.
]]> But is "Lindsay the milkoholic, bimbus baby" an intentional reference to Lindsay Lohan the troubled actress?According to E-Trade's lawyers, there are about 250,000 women named Lindsay in the United States. They also point out other celebrities such as Olympic skier Lindsey Vonn and tennis pro Lindsay Davenport. And unlike Madonna, Beyonce, Oprah and even Cher, Lindsay Lohan has not secured a legal trademark on her first name.
Firing back at E-Trade, attorney Stephanie Ovadia argues that even common names such as "Hillary," "Paris" and "Bush" conjure specific individuals in a given context.
"If Defendants take this name, 'Lindsay' in context of a celebrity name then by Defendants' own admission, there are only a few limited celebrities with this name around, and this number may not be more than four or five."
She goes on to say that by process of elimination, only Lindsay Lohan's public image fits into the milkoholic/alcoholic bimbus reference and that E-Trade was making the reference for comedic value.
That's right, Lindsay Lohan's own lawyer is defending her by trying to protect "her potentially iconic alcoholic bimbodom," as Reuters so eloquently puts it.
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Although a New York personal injury lawyer could explain how defamation is handled by the courts works in this country, the law likely varies somewhat in Argentina.
The lower court found the two Internet search companies liable for defaming Virginia Da Cunha and ordered them to pay damages and remove the disputed sites from their indexes. But the 2-1 appeals court ruling said Yahoo and Google could be held liable for defaming the entertainer only if they knew about the illegal content and did nothing to remove it.
]]> But this case is far from over, as one of Virginia Da Cunha's attorneys said he plans to appeal the case to the Argentine Supreme Court.And this was just one of roughly 130 or more similar Argentinean cases going back four years. Each of the cases alleges defamation and seeks content removal, including Sports Illustrated swimsuit model Yesica Toscanini and soccer star Diego Maradona. Only two of the cases have been decided so far, although the story doesn't give details.
Various injunctions against the companies for these defamation cases have been upheld until the determination of liability.
But while Google maintains that it can't possibly comply with such broad injunctions, Yahoo said it can comply with the injunctions only if it blocks all Web sites containing a reference to the given plaintiff (which it has done in order to comply).
Rob Faris of the Berkman Center for Internet and Society at Harvard Law School said the Argentinean cases are unique:
"This is a unique situation in Argentina. I know of no other examples in which the search of an individual is completely blocked."
Defamation is a broad area of civil law intended to protect individuals' reputations from false statements or assertions. Ask a New York personal injury attorney for more details.
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Judge Randy Sue Marber dismissed a lawsuit against four teenagers who were accused of defamation when they made those comments about classmate Denise Finkel:
]]> As far as the judge's second statement is concerned, New York personal injury lawyers would say that false statements are indeed the basis of defamation."The entire context and tone of the posts constitute evidence of adolescent insecurities and indulgences, and a vulgar attempt at humor. What they do not contain are statements of fact."
But Judge Randy Sue Marber clarified her ruling by stating that an ordinary reader "would not take [the comments] literally to conclude that any of these teenagers are having sex with wild or domestic animals or with male prostitutes dressed as firemen." This case shows the difficulty in determining when false statements cross the line and become serious assertions of fact.
The judge in the current case also dismissed a lawsuit against the teenagers' parents, which accused them of negligent supervision by allowing their kids to use a "dangerous instrument." She quickly ruled that a computer is not a dangerous instrument.
In a similar case, Judge Joan Madden in New York allowed a defamation suit to be brought against a "Skanks in NYC" blogger whose comments may have led readers to believe the plaintiff was promiscuous, thus damaging her reputation.
Mark Altshul, Denise Finkel's New York personal injury lawyer, said his client is considering whether or not to appeal.
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]]>Sean Bell was shot to death by police in 2006 on the day of his wedding, apparently the victim of a botched police response to reports of a scuffle. The police were found liable for his death resulting from the debacle.
]]> Susan M. Karten, a New York personal injury lawyer, told reporters how difficult it is to tell clients that wrongful death lawsuits are "worth little" under New York law but that liability for a serious injury can be worth millions:"I hate to say it this way, but you're better off killing someone than maiming him."
Case(s) in point: New York paid $9.9 million to Barry Gibbs for his wrongful conviction and nearly 20-year imprisonment after being framed by a corrupt cop; Abner Louima settled with the city for $8.75 million in his police brutality case; and the largest share of a settlement for the victims of the 2003 Staten Island Ferry crash went to a quadriplegic, not the family members of those who died.
As far as the Sean Bell case is concerned, his two friends who were injured by the gunfire were paid more than the estate of the man who died. Joseph Guzman, who was hit by 17 bullets, will receive $3 million, while a less-seriously injured Trent Benefield was awarded $900,000.
After one-third of the $3.25 million settlement is paid out to the family's New York personal injury attorney, the rest (roughly $2.08 million) will go into a trust fund for the Sean Bell's two children until they reach the age of 18. His fiancé and the children's mother, Nicole Paultre Bell, doesn't get a dime because they were not married at the time.
The fact that the couple was just hours away from being married doesn't matter in the eyes of the law. And the fact the wrongful death settlement was as high as it is largely attributed to the high-profile nature of this case and the police department's wish to an end to the bad publicity.
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Plaintiff James Falzon suffered numerous facial fractures when the shattered maple bat of Mets player Luis Castillo flew into his face during a 2007 game at Shea Stadium, according to the suit filed in Manhattan. He said his 11-year-old son was traumatized by the incident.
]]> It has long been known by both fans and baseball insiders that maple bats are three-times as likely to shatter as the more-common ash bats.The league investigated the use of maple bats, which many believe pound more home runs, but did not ban their use; James Falzon's New York personal injury lawyer likely will make that a central point in his litigation of the case.
After the 2008 season, Major League Baseball set new maple bat production standards requiring manufacturers to track breakage rates of different types of bats and to indicate how straight the wood grain is. The straighter the grain, the less likely the bat is to shatter.
The league said the broken-bat rate has been cut nearly in half since the new standards were put into place.
James Falzon's suit also names the Jarden Corp., which manufactured the bat, and the bat's owner who lent it to Luis Castillo, then-Mets catcher Ramon Castro, as defendants. None of them spoke with AP reporters about the lawsuit.
Major League Baseball, meanwhile, states on game tickets that fans assume the risk for accidents related to the game, specifically foul balls and broken bats.
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While $1 million is quite a lot of money for the loss of a pet, most dog owners would understand their response to the tragedy. With the help of their New York personal injury lawyer, the couple expressed the impact of their loss in their negligence complaint:
]]> An article in the New York Post provides a little more detail about the alleged pet neglect and resulting lawsuit."The emptiness that has been left by Percy's death and the anguish we suffered has not and will never be filled or go away."
Plaintiffs Laura Garner and Robert Hardon, both bankers, left Percy in the care of Doggie Love for one evening while they were out of town. The dog, apparently suffering from some kind of health problem, was returned to the couple's home without their knowledge later that evening, according to the suit.
As they brought the visibly distressed pooch into the building, both the doorman and a federal judge who lives next door asked the Doggie Love employee carrying Percy if they could get him some water or call a vet, according to court documents. But the employee reportedly shrugged them off and placed the dog in its owners' apartment.
He was discovered dead in front of an air conditioner a few hours later, when the couple returned home. Vets who examined Percy's body later that evening said his body temperature was "notably high" and that he had suffered seizures before his death.
And to make matters worse, Doggie Love co-owner Nilo Mathias allegedly told the couple that "sometimes, dogs just die." The other owner, Marla Abrams, allegedly asked the grieving couple, "What do you want from us?"
That question was answered recently when the couple filed its million-dollar suit.
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The Brooklyn girl claims her Lincoln High School softball coach told her to "take it like a man" after she reported her finger injury. Although her right index finger was broken in three places, she took her coach's advice and completed the five-hour training session.
But now, if the girl's New York personal injury lawyer prevails, it looks like the coach is the one who will have to "take it like a man."
]]> Rebecca Sacerio said she suffered permanent damage to the finger, blaming her coach for delaying treatment:"I told her it looked swollen and had a funny color. [Coach Sari Schoenfeld] told me her hand always looked like that when she played."
Sari Schoenfeld was reportedly hitting line drives to the players in a routine fielding drill. After getting hit on her left index finger, a second line-drive allegedly hit the injured digit and hurt it some more. When she returned home, the finger was swollen and in tremendous pain.
Her mother gave her Tylenol and applied ice to the finger but after two days without improvement, she saw a doctor. The girl was told she would need surgery, which consisted of three operations involving vertical and horizontal rods to reset the bones.
She claims the delayed treatment requiring the more invasive procedure led to a postsurgery infection and that now she has arthritis in the finger. She says her right index finger now is "useless."
Jeffery Lessoff, the girl's New York personal injury attorney, offered the following statement:
"You don't force a girl to continue practicing if she's injured. This is not the New York Yankees here."
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]]> Defendant Andrew Breitbart posted a video from a speech she gave to the NAACP that, due to heavy edits, appeared as if she were condoning racist behavior against white farmers. All politics aside, it's clear from the unedited video that she was actually condemning racism as she discussed her personal growth from working with poor white farmers."What Mr. Breitbart did was to create the false appearance that Ms. Sherrod was a racist. He used that to further his conservative agenda. He deprived the viewer of the ability to decide for himself what Ms. Sherrod said."
One question is whether Andrew Breitbart in fact knew that the roughly two-minute video snippet he posted misrepresented the scope of her hour-long speech, Deborah Drooz said. He posted it on his BigGovernment.com Web site without contacting Shirley Sherrod for comment; Fox News covered the story, also without fact-checking.
Another legal consideration, the lawyer added, is whether or not she may be considered a public figure, often used as a defense to defamation.
New York personal injury lawyer Martin London explained how Shirley Sherrod must prove that Andrew Breitbart showed "reckless disregard" and that he posted the edited and misleading video with malice:
"The real question would be did he know or have reason to suspect and never inquired that this clip unfairly represented what she said. Are there some fact that could determine that he would suspect it?"
The fact that Andrew Breitbart didn't bother to contact the plaintiff might go a long way toward proving he suspected she might correct his reporting, he added.
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He was slain by officers outside the Club Kalua strip club in Queens on what would have been his wedding day.
After a four-year legal battle against the city for the unfortunate incident, New York personal injury lawyers for Sean Bell's former fiancé Nicole Paultre-Bell and injured friends Joseph Guzman and Trent Benefield were able to secure individual settlements.
]]> Nicole Paultre-Bell will receive $3.25 million, mainly for the couple's children. Joseph Guzman, who was shot 11 times, will receive $3 million and Trent Benefield, hit three times, will get $900,000.Nicole Paultre told the Daily News that she was mostly concerned with the financial well-being of her grandchildren:
"I believe it's fair. The children will be okay, and that's the main thing."
In total, the city of New York is paying $7 million in relation to the tragic shooting on November 25, 2006. The three undercover officers involved in the shooting, meanwhile, were acquitted in 2008 of manslaughter and reckless endangerment.
The Rev. Al Sharpton said that while this does not "diminish the outrage in the community," the settlement at least will help the victims and their families:
"They must all provide for their families, but this in no way mitigates or repairs the permanent damage done to them and the pain it has caused them forever."
Civil wrongful death lawsuits may be brought against parties believed to be responsible for a family member's death, as explained by FindLaw. Talk to a New York personal injury lawyer if you have additional questions.
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While the story only mentions the criminal charges related to the hit-and-run, it's likely that the bicyclist will be (or already has been) meeting with a New York personal injury lawyer to review his legal options in civil court.
Authorities say that on June 14, in broad daylight, Louis Ramos was driving the wrong way on Jay Street in Brooklyn with his lights flashing and siren blaring. He then allegedly drove through a red light and hit the bicyclist at Sands Street.
]]> But what allegedly took place next is guaranteed to rile up New York's bicycling community.He and his partner, Paris Anderson, allegedly got out of their cruiser, dragged the victim to the curb, gave him a tissue, and then left the scene without calling for medical help or even reporting the incident. But don't take the authorities' word for it, watch the surveillance video at NBC Channel 9's Web site and see for yourself.
Luckily, the bicyclist only suffered cuts, bruises and a fractured wrist. It could have been much, much worse.
Louis Ramos pleaded not guilty to the criminal charges but both he and Paris Anderson were suspended without pay. No further details about the case or statements from attorneys or witnesses were made available.
Distrust between New York cops and bicyclists already reached a boiling point in recent years. Videos posted online show officers shoving bikers to the ground during group rides in Times Square in two separate incidents, one in July 2008 and the other in March 2007. Neither officer involved in those incidents faced serious sanctions.
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Jason Green was gunned down last weekend after a fight outside a Manhattan nightclub. New York personal injury lawyer Douglas Rosenthal, who was defending the two paramedics against a negligence lawsuit for the woman's death, said he was shocked by the news:
]]> To recap, employees of the Au Bon Pain coffee shop in Brooklyn allegedly told Jason Green and coworker Melisa Jackson that pregnant cashier Eustisha Rennix was having a seizure and needed help. Witnesses say they refused, claiming they were on their break, and left without helping the woman."[He] was a good guy and a dedicated emergency medical technician. It's very sad."
The 25-year-old woman died later at a hospital; her child was delivered but died two days later. The Fire Dept. suspended the EMTs without pay for 30 days, but no charges have been filed by the Brooklyn District Attorney's office.
The family of Eustisha Rennix filed a negligence lawsuit against the emergency workers but the pair claim they were only asked to call 911, which Melisa Jackson did, according to an earlier entry on this blog. As cited by AP, Jason Green called the allegations "all bogus lies and fabrications."
It's unclear how the civil suit will proceed with Jason Green no longer able to defend against the claims. In fact, his family may even contact a New York personal injury attorney to make a claim against his attacker, if found.
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The plaintiff claims Danielle Staub ruined his reputation by claiming on an episode of "Real Housewives" that he filmed a sex tape of the couple without her consent. He claims that's absolutely false and that she even filmed part of it herself.
]]> He said strangers have come up to him, letting him have it for what they believe is his piggish behavior, which he denies:"I have people come up to me in restaurants telling me I'm going to hell, I'm not a good person. I try to explain to people I didn't do anything wrong."
Furthermore, he said he believes "she's out of her mind" and that "there's something wrong with her." And that's exactly what the "Real Housewives" producers seem to be looking for in a cast member if you have been watching Season 2 of this show.
But, as any New York personal injury lawyer will tell you, no amount of crazy should cloud the facts in the case. So Stephen Zalewski will have to show that he didn't film their otherwise private encounter without Danielle Staub's knowledge.
His attorney, Nase Naumoski, claims he has emails and text messages proving that she knew about the tape:
"Danielle Staub constantly makes statements about my client that she knows are false and that continue to damage his reputation. We want to put a stop to it."
If someone has publicly published or broadcast anything false about you that has caused some kind of harm, then you might have a defamation case on your hands. New York personal injury attorneys can help you determine the proper course of action.
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