Cruise (Libel) Missile Targets Bauer Publishing

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In Tom Cruise v. Bauer, Inc. et al (Case No. 2:2012-cv-09124), United States District Court for the Central District of California Judge Dean D. Pregerson will hear a defamation suit by the Hollywood superstar against the publisher of In Touch Weekly and Life and Style Magazine whom he accuses of portraying him as a neglectful father.

According to a report by the New York Times, Cruise went ballistic over the cover story of Life & Style last July 30 that featured a photo of his daughter Suri from his marriage to actress Katie Holmes accompanied by the words "Suri in tears, Abandoned by Her Dad," and another cover photo of Suri on the Oct. 1 issue of In Touch captioned "Abandoned by Daddy."

Cruise's suit alleges neither of the inside stories concerning the provocative covers backed the claims that he abandoned his daughter after Holmes filed for divorce in June 2012. The lawsuit seeks more than $50 million in damages.

UPDATE: Holmes' Libel Suit Against Star No Longer Afoot

Image via WikipediaReuters and The Hollywood Reporter's "THR, Esq." blog report today that actress Katie Holmes has settled her $50 million defamation suit against Florida-based American Media's Star Magazine (see "TUOL" post 3/2/11).

Although the financial terms of the settlement in the Los Angeles Superior Court case, Katie Holmes v. American Media, Inc. (Case No. 11-cv-01750) were undisclosed, Holmes received an apology in the May 9 edition of Star Magazine that states the supermarket tabloid "did not intend to suggest that Ms. Holmes was a drug addict or was undergoing treatment for drug addiction." As part of the resolution of the case, the publication agreed to make a sizable contribution to a charity favored by Holmes, the Dizzy Feet Foundation, which advocates for greater access to dance education and offers opportunities to underprivileged children to pursue careers as professional dancers.

Holmes sued over a Jan. 20, 2011 front-page Star story trumpeting: "Addiction Nightmare, Katie Drug Shocker!" The inside story on page 42, however, made no reference to prescription or illicit drugs, but rather, to "addictive treatments" of Scientology counseling sessions employing an "e-meter" device. Holmes is married to actor and high-profile Scientologist Tom Cruise.

The dedicated staff of "TUOL" is delighted that Holmes is not an impaired substance abuser, though it does make it that much harder to explain why she agreed to portray Jackie Kennedy in "The Kennedys" mini-series.

Holmes Repairs to Court to Sue Star for Libel

Image via WikipediaActress Katie Holmes, 32, whose five-year marriage to actor Tom Cruise--Hollywood's most famous Scientologist--has been fodder for supermarket tabloids, has filed a $50 million defamation suit in the United States District Court for the Central District of California against Star Magazine's parent company, American Media, Inc., whose stable of publications also includes The National Inquirer.

The nine-page Complaint, Katie Holmes v. American Media, Inc. (Case No. 11-cv-01750) arises from a January 2011 front-page Star Magazine headline: "Addiction Nightmare, Katie Drug Shocker!" that trumpets an inside story on page 42 that never suggests the former Dawson's Creek actress is a drug user. Rather, as reported by Reuters and The Hollywood Reporter Web site THR, Esq,, the article alleges Holmes is "trapped in a cycle of addictive treatments" at Scientology counseling sessions that involve the use of a device called an "e-meter," that purportedly stimulates endorphin production through a low-level electrical current the tabloid likened to "an effect similar to heroin."

Plaintiff's counsel, while noting that strenuous exercise also stimulates endorphin production, accuse the Florida-based publisher of deliberately misleading the public with a bogus Page 1 headline creating the impression that the Batman Begins heroine is a substance abuser that most shoppers would not bother to learn was not the case by turning to page 42 of the magazine.

In addition to the $50 million damages claim, Holmes also is seeking punitive damages.  As a public figure, she'll have to prove actual malice, in other words, that Star Magazine knew the headline and accompanying story were false, or showed reckless disregard as to its truth or falsity.  Hanging the lawsuit on an inflammatory headline is a risky proposition for Holmes as courts have ruled libel actions are not supportable by snippets of statements taken out of context.

Some may argue that the amount of damages claimed evoke one of the Ohio-born actresses films, Mad Money.