Accidental Model Sues Photo Agency

 (Photo credit: Wikipedia)

A 25-year-old Brooklyn woman last week sued Getty Images photo agency and plans to go after the New York State Division of Human Rights ("DHR") as well regarding a photo of her that appeared in an amNew York ad, according to accounts in The New York Post and New York Daily News.

The photo at issue of Ireland native Avril Nolan, who works in public relations, allegedly appeared two years ago in an online fashion spread. The image by photographer, Jena Cumbo, whom the Daily News article said knows Nolan in passing, wound up in the stable of Getty Images, which sold it to DHR. From there, Nolan's visage wound up in an ad that appeared in the April 3 edition of amNew York, only it was accompanied by the message: "I am positive (+) [and] I have rights."

Problem is that Nolan is not HIV positive and did not sign a release with Cumbo or Getty Images or otherwise give her permission for the photo to be used, according to Nolan's attorney, who is quoted in the Daily News article. That's bad news for Getty, which has been sued for $450,000 in Manhattan Supreme Court by Nolan, and soon will be a headache for DHR, which Nolan's attorney said will be sued for defamation and civil rights violations for creating the impression that Nolan is an HIV victim.

Bloggers and photo editors everywhere are involuntarily shivering a bit. It's serious business when a person depicted in an image taken out of context is cast in a false light.

The Price of Insensitivity: $18m

(Photo credit: Wikipedia)

The alleged altering and commercial exploitation of a nine-year-old photo of a then-teen with Down Syndrome that went viral on the Internet prompted the 26-year-old man and his parents last week to file an $18 million suit in the United States District Court for the Middle District of Tennessee, according to reports by the Associated Press and the NashvilleCityPaper.com Web site.

Holland et al. v. LaLevee et al (Case No. 3:2013-cv-00373) includes counts alleging defamation, misappropriation, false light invasion of privacy, intentional infliction of emotional distress and violation of the Tennessee Personal Rights Protection Act of 1984 [Tenn. Code Secs. 47-25-1101 et seq.]. The viral photograph was taken of then-17-year-old Nashville resident Adam Holland in a Vanderbilt Kennedy Center arts class for mentally disabled persons, depicting the youth holding up his drawing that said "Go Titans!" supporting his favorite NFL team.

According to the complaint, the named defendants are Oswego, N.Y.-based Dave Brown, CEO of Gigahertz, Inc. d/b/a Sign Generator, a company that accumulates online images of individuals holding signs that it commercially makets; Russell LaLevee, who has a "Wasted in the Keys" Flickr account; and Cox Media Group, owner of Tampa Bay, Florida station WHPT-FM 102.5 "The Bone."

According to the complaint, WHPT-FM allegedly posted the photo at issue on its Web site as part of a program called "The Cowhead Show," to highlight its Weird News feature. Instead of saying "Go Titans!," however, the artwork sign Adam held purportedly read: Retarded News.  The station manager allegedly sent an Email apology to Adam and his co-plaintiff parents Bernard and Pamela Holland, saying the show's feature had nothing to do with disabled individuals, and the image has since been pulled.

The complaint alleges that LaLevee's Flickr account posted the photo of Adam with a caption that read: "just a stupid photo of the sick retarded kid that lives down my street that my dogs hate."  Defendant Brown allegedly posted the photo under a heading "Retarded Handicap Generator" in which the artwork now allegedly read: "I love making custom signs."

The complaint seeks compensatory and punitive damages against the defendants and injunctive relief to prevent the further posting of the photo of Adam Holland.

Spouse Slayer's Lawyer Sues Trib, Defense Team Colleague

 (Photo credit: Wikipedia)

The Tribune Co. and AOL Patch are among the defendants in a defamation lawsuit filed by attorney Joel Brodsky against one-time defense team colleague Steven Greenberg in the high-profile Drew Peterson spousal murder case, the Chicago Tribune reported last week.

Brodsky filed a complaint, including counts alleging defamation, false light invasion of privacy and violation of Illinois Deceptive Trade Practices, in Cook County Circuit Court, based on a letter written by Greenberg published by the Chicago Tribune that the plaintiff claims portrays him as incompetent and untruthful.

Peterson, a former Bollingbrook (Ill.) police officer, was convicted of murdering his third wife, Kathleen Savio, in 2004 (see "TUOL" post 1/11/10). Brodsky, who withdrew from co-representation with Greenberg of Peterson, contends the latter's letter purportedly fixes blames on him for the unsuccessful defense, according to the Tribune article.

Publicist in a Fishbowl Sues for Defamation

Image via CrunchBase

In a 27-page complaint including counts alleging defamation and false light invasion of privacy, prominent Washington D.C. publicist Wendy Gordon has sued the Mediabistro-owned FishbowlDC Web site, LegalTimes reports.

The District of Columbia Superior Court case, Gordon v. Mediabistro.com, Inc. et al. (Case No. 0000386-13) concerns alleged uncomplimentary images of Gordon that appeared on the Web site along with posts allegedly intimating attention-seeking, promiscuous behavior. Gordon's complaint characterizes her as a private figure who has suffered humiliation because of the postings on FishbowlDC. Fishbowl DC purportedly defamed the plaintiff in a series of posts under the heading of "Wendy Wednesday."

WebMediaBrands, the owner of Mediabistro.com, is also a named defendant. The plaintiff is seeking $1 million compensatory damages and $1 million punitive damages.

UPDATE: Ill. High Court Slaps Down Anti-SLAPP Defense in Coach's Libel Suit

Image via WikipediaDefendants in a defamation suit brought by a former high school basketball coach may not rely on their state's anti-SLAPP(Strategic Lawsuits Against Public Participation) statute to defeat the claim, the Illinois Supreme Court ruled this week.

Steve Sandholm was let go by the local school board in 2008 as Dixon High School's basketball coach because his coaching style allegedly included verbally abusing and bullying players (see "TUOL" post 10/28/10). He filed  defamation and false light claims against a group of parents, bloggers and a radio station who had criticized him, but the trial court and the Appellate Court of Illinois Second District both ruled the defendants were protected by the state's anti-SLAPP measure, the Citizen Participation Act [735 Ill. Comp. Stat. 110/1 et seq.] ("CPA") in Sandholm v. Kuecker et al. (Case No. 08-L-19).

As reported by the excellent Reporters Committee for Freedom of the Press Web site (www.rcfp.org), the Illinois Supreme Court found the CPA could not derail Sandholm's suit, which the Court said did not seek to suppress constitutionally protected speech, but rather, sought recovery for harm to his reputation. "If a plaintiff's complaint genuinely seeks redress for damages from defamation or other intentional torts, and thus, does not constitute a SLAPP," according to the Supreme Court opinion, "it is irrelevant whether the defendants' actions were 'genuinely aimed at procuring favorable government action, result or outcome.'"

The CPA  is intended to promote citizen involvement in government without fear of retaliation in the form of SLAPP suits, which are very costly to defend against.

Ex-NBA Great Scottie Pippen Moves Forward with Libel Suit

Image by Getty Images via @daylifeNBA Hall of Fame Forward Scottie Pippen, 46, has filed a defamation suit in the United States District Court for the Northern District of Illinois Eastern Division against 10 Web sites, claiming the media defendants falsely alleged he had suffered more than $120 million in financial losses and had filed for bankruptcy, according to the BET (Black Entertainment Television) Web site.

The 17-page Complaint in Scottie Pippen v. Comcast Corp. et al. (Case No. 1:11-cv-08834) alleges defamation, negligence and false light against the defendants and reads as if it were prepared by an avid Chicago Bulls fan, replete as it is with Pippen's noteworthy scoring and rebound achievements. Among the media defendants in the suit are Comcast-owned CNBC, CBS Corp.,  Sportsreport360.com, Evolve Media Corp., Yakezie Network and the University of Tampa Minaret.

The plaintiff alleges he lost out on numerous endorsements and appearance fees because of the purportedly erroneous statements concerning his financial condition.

Christian Metal Rocker Rocks MSNBC's Rachel Maddow with $50m Suit

Image via WikipediaMinnesota-based Christian rocker and radio talk show host Bradlee Dean has filed a $50 million complaint alleging defamation and false light in the District of Columbia Superior Court against MSNBC gabber Rachel Maddow.

The case, Bradlee Dean & You Can Run But You Cannot Hide International v. NBC Universal et al. (Case No. 0006055-11) arises from an August 9, 2010, segment of Maddow's prime-time program that cited the following quote from Dean on his radio show:

"Muslims are calling for the execution of homosexuals in America. They themselves are upholding the laws that are even in the Bible, the Judeo-Christian God, but they seem to be more moral than the American Christians do. Because these people are livid about enforcing their laws. They know homosexuality is an abomination. If America won't enforce the laws, God will raise up a foreign enemy to do just that."

According to an article in The Huffington Post, Dean alleges Maddow deliberately ignored Dean's disclaimer that he was not calling for the killing of gays. In fact, after broadcasting Dean's statement, Maddow read Dean's disclaimer: "[W]e have never and will never call for the execution of homosexuals."

The Rev. Bradlee Dean (Smith) is drummer for the Junkyard Prophet Christian metal rock band and  pastor of the You Can Run But You Cannot Hide Christian youth ministry that allegedly includes among its beliefs that gay people were responsible for the Holocaust.  He claims the defendants, including Maddow, MSNBC and The Minnesota Independent, took his statements out of context.

Although the 10-page Complaint acknowledges Maddow read the disclaimer on air, it alleges she "did so in a manner that gave the impression to the audience that Dean's disclaimer was disingenuous, insincere, false and meaningless." The ever-humble "TUOL" legal team wouldn't be surprised if the court similarly describes the Complaint at some point down the line.

Online Bedbug Posters Bitten By Hotel's Defamation Suit

Image via WikipediaIn Carleton Hotel LLC v. Michael Gladstone & Liora Braun, filed in Cook County (Ill.) Circuit Court this week, disgruntled hotel guests who posted on Tripadvisor.com about a hotel's alleged disinterest in their complaint about allegedly discovering a bedbug have been sued by the hotel.

The ABA Journal Law News Now blog  reports that the Carleton Hotel's complaint against the defendants includes counts alleging defamation, false light invasion of privacy and tortious interference with prospective economic advantage. The complaint alleges the defendants complained about finding a bedbug on the final night of their three-day stay at the plaintiff's facility in April, but that neither a hotel maintenance crew nor a pest control service discovered any of the small parasitic insects.

The hotel contends the defendants' Tripadvisor post that the hotel did not take their bedbug complaint seriously is false and harmful to its reputation.

TV Newser Sues Over False Porno Photos

Image via WikipediaThe U.S. District Court for the Western District of Tennessee will hear a $50 million defamation case filed by a Chicago-native Memphis television reporter who claims the defendants posted false pornographic images purporting to be her online under the title: "Chicago Girls Need to Be Exposed."

The 14-page, nine-count Complaint in Lauren Lee Gauck v. Hooman Karamian a/k/a/Corbin Grimes a/k/a Nik Richie & Dirty World LLC et al. (Case No. 2:2011-cv-02346), includes claims alleging defamation, false light, misappropriation, emotional distress, intrusion and civil conspiracy. Gauck, 29,  known on-air as Lauren Lee, is a reporter for WHBQ-TV "Fox 13" in Memphis, according to an article on the Website of the Memphis Commercial Appeal. Karamian, 32, of Scottsdale, Arizona, recently changed his name to Nik Lamas-Richie after marrying Shayne Lamas, the winner of "The Bachelor" reality show.

The complaint alleges the defendants' Website attracted 22,000 hits before the nude images that the plaintiff claims are not her were temporarily removed. The defendant touts himself as "The World's First Ever Reality Blogger" and concentrates on depicting embarrassing images and negative commentary of celebrities and non-famous individuals as well.

Ill. Appeals Court Slam Dunks Ex-Hoops Coach's Libel Suit

Image via Wikipedia
The Appellate Court of Illinois Second District this week in Sandholm v. Kuecker et al. (Case No. 08-L-19) affirmed the trial court's dismissal of a defamation and false light suit by a former high school basketball coach against a group of parents critical of his coaching style.


In a 49-page opinion, the appellate court upheld the lower court's rejection of the plaintiff's constitutional challenge of the state's anti-SLAPP (Strategic Lawsuits Against Public Participation) measure, the Illinois Citizen Participation Act ("ICPA") [735 Ill. Comp. Stat. 110], which the trial judge cited in throwing out the suit on the basis that it chilled free speech.  Writing for the court, Justice John J. Bowman said the ICPA "provides a qualified privilege, granting more protection for speech than the common law provides, when the speech occurs in the exercise of the right to participate in government."


Sandholm coached the Dixon High School boys basketball team until the school board unanimously voted not to renew his contract in April 2008, in response to criticisms concerning his coaching style, which purportedly involved verbally abusing, discouraging and bullying team members.

Vending Solutions Co. Files $100m Libel Suit Against Author

Image by Sportech via Flickr

Corona, Calif.-based AVT, Inc. (formerly  Automated Vending Technologies) has filed a $100 million suit in Orange County (Calif.) Superior Court against an author and his publisher, alleging libel, false light invasion of privacy, and negligence.

The case, AVT, Inc. v. Russell [sic] Lane, The Penguin Group, et al. (Case No. 00386093) before Judge Gregory H. Lewis, arises from a book published in June 2008, The Zeroes: My Adventures in the Decade Wall Street Went Insane, written by defendant Randall Lane, editor-at-large of The Daily Beast blog and former Washington bureau chief for Forbes magazine.


In its 15-page complaint, the plaintiff alleges the defendants falsely accused the company of engaging in illegal activities that also purportedly involved former Philadelphia Phillies outfielder Len Dykstra, who has contributed to cable tv financial guru Jim Cramer's website, TheStreet.com, because of his purported stock-picking expertise. Lane has written that Dykstra allegedly personally benefitted from the plaintiff in return for promoting AVT's stock on TheStreet.com.

Appeals Court Tunes Out Judge's Claims Against Radio Station

Image via Wikipedia

The Court of Appeals for the Fifth Appellate District in Ohio this week in Vicky M. Christiansen v, Douglas C. Pricer and WCLT Radio, Inc. (Case No. 09-CA-126) upheld the trial court's summary judgment dismissal of defamation and false light invasion of privacy claims by a judicial candidate arising from an editorial broadcast on a radio station and posted on its Website.

Newark, Ohio-based WCLT aired an editorial in November 2008, in which its station manager said two of three candidates for a domestic relations judgeship, including the plaintiff, were unqualified for the position. Regarding the plaintiff, the editorial cited several complaints about her conduct  filed with the Ohio Supreme Court's disciplinary counsel and mentioned an assault complaint filed with the Newark Police Dept. in July 2007, alleging the plaintiff had struck an individual in a courthouse elevator.

Plaintiff sued, contending that although the editorial's statements were "literally true," they created an improper inference that she had been sanctioned by the disciplinary counsel and charged with assault, neither of  which was accurate. The trial court granted the defendant's motion for summary judgment, finding that the editorial was not made with actual malice, contained constitutionally protected statements of opinion, and could be construed as non-defamatory. By a 2-1 margin, the appellate court agreed.

"Judge not, that ye be not judged." Matthew 7:1.  "This is why judges shouldn't be elected." TUOL 6/25.