Not a very smart cookie – Kardashian cookie libel suit

This is defamatory? Good luck with that.

Kim Kardashian claims that some doctor who invented the “cookie diet” used her name to endorse the product without her permission. (source). She tweets that the diet is “unhealthy” and that Dr. Siegal is “lying.” So Siegal files a defamation suit against her.

The complaint is an example of pretty bad legal strategy. The plaintiff makes allegation after allegation about how famous he is — thus conceding that he is a public figure.

This is basic defamation 101 — a public figure has a much higher burden of proof than a private plaintiff. A private plaintiff only needs to prove that the statement was a false statement of fact that tended to damage his reputation. Truth is an affirmative defense to that action that the defendant has to prove. On the other hand, a public figure has to both prove that the statement is false, and has to prove that the defendant published the falsehood with knowledge of its falsity, or with reckless disregard for the truth. Public figures who prevail in defamation suits are about as rare as fad diets that are good for you.

6 Responses to Not a very smart cookie – Kardashian cookie libel suit

  1. Kim's Fatass says:

    No wonder it takes 3 months to get on the uniform calendar in Miami. Did the firm email you this shit hoping you’d be in awe, or do you know Ms. Kardashian? I won’t tell.

  2. […] Figures, Libel and Defamation Here is a nice post on the difference between public and private figures with regards to defamation laws. Roughly speaking, if you try to defame me, I need only prove that […]

  3. Joe says:

    People will honestly do anything for attention these days, won’t they? Claiming a Kardashian is one of your diet clients? Poor, poor taste.

  4. Pretty odd, I know the lawyer who filed it and he’s not an idiot.

  5. […] about it. Never fear though, there’s plenty of drama on Twitter — as we reported here, here, and some fool tried to start up here, getting Randazzapwned in the […]

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