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Aurora
Newbie Poster
Username: Aurora
Post Number: 38
Registered: 04-2006
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, September 26, 2006 - 10:09 pm: | 
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Dad of 'Idol's' Barrino Sues Publisher
By HILLEL ITALIE
AP National Writer
September 26, 2006, 8:52 PM EDT
NEW YORK -- The father of "American Idol" winner Fantasia Barrino has filed a $10 million libel suit against the publisher of a book about his daughter, alleging that it contains "false, exaggerated, sensational, intentional and malicious untruths."
In papers filed Tuesday in U.S. District Court in Manhattan, Joseph Barrino is seeking damages from Simon & Schuster, which released "Fantasia: Life Is Not a Fairy Tale" in 2005. The book was made into a TV movie, starring Fantasia, that aired on the Lifetime network in August.
Among the details disputed by Joseph Barrino: that he was hostile to the music industry, that he asks his daughter for money when she visits him, that his children's musical careers were more important than their education.
"The unfortunate publication of Fantasia's life story by Simon & Schuster seeks to capitalize on her American Idol success through disparaging certain members of her family. The lawsuit seeks to redress these wrongs and restore the integrity of the family members," Joseph Barrino's attorney, Kendall Minter, said Tuesday in a statement.
Although Simon & Schuster's Web site (http://www.simonsays.com) lists Fantasia Barrino as the book's author, the lawsuit alleges that the singer's grandmother, Addie Collins, was the ghost writer. Fantasia Barrino was not listed as a defendant.
Barrino reveals in her book that she was functionally illiterate and had to fake her way through some scripted portions of the televised talent show.
Simon & Schuster spokesman Adam Rothberg said Tuesday that the company has not had a chance to see the court documents and would not comment.
The 22-year-old Barrino, a high school dropout and unwed mother at age 17, was the "American Idol" winner in 2004, the show's third season. Her debut album, "Free Yourself," came out the same year and received four Grammy nominations.
Copyright 2006 Newsday Inc. |
Igbogirl
Regular Poster
Username: Igbogirl
Post Number: 180
Registered: 09-2006
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, September 26, 2006 - 10:18 pm: |
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what a trifling mf. |
Chrishayden
AALBC .com Platinum Poster
Username: Chrishayden
Post Number: 2778
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, September 27, 2006 - 10:56 am: |
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If they lied on him, which they are wont to do (and after all Fantasia can't read so how would she have known what they printed in that book) they should pay up.
White folks get paid for being libelled. Why should we be any different? |
Mzuri
"Cyniquian" Level Poster
Username: Mzuri
Post Number: 1611
Registered: 01-2006
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, September 27, 2006 - 12:09 pm: |
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If his reputation is worth $10M, which I doubt. When you sue for libel/slander/damage to your reputation, you have to prove the value of what you lost. Did he lose income due to people not wanting to do business with him because of the lie? Did it cause him to lose his employment? Again, I doubt it. They might pay him off just to get rid of him, but not with millions of dollars. |
Moonsigns
Veteran Poster
Username: Moonsigns
Post Number: 1485
Registered: 07-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, September 27, 2006 - 01:05 pm: |
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How surprising --LMAO! |
Igbogirl
Regular Poster
Username: Igbogirl
Post Number: 189
Registered: 09-2006
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, September 27, 2006 - 01:30 pm: |
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Hasn't Fantasia considered learning how to read? Or is she blind? |
A_womon
Veteran Poster
Username: A_womon
Post Number: 1363
Registered: 05-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, September 27, 2006 - 02:18 pm: |
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Hasn't Fantasia considered learning how to read? Or is she blind?
HAHAHHAHAHAHAHAHA! OKAY? THAT was funneeeee!!! |
A_womon
Veteran Poster
Username: A_womon
Post Number: 1364
Registered: 05-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, September 27, 2006 - 02:23 pm: |
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Mzuri is right, you can't be libeled unless you have something major to lose, slander is another matter though, anyone can sue for slander though it must be a lie. If it is the truth, you can't sue for slander. |
Mzuri
"Cyniquian" Level Poster
Username: Mzuri
Post Number: 1618
Registered: 01-2006
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, September 27, 2006 - 02:55 pm: |
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Libel and slander are essentially the same. Libel applies to the written word falsity and slander is the spoken word falsity. Suing over either incident requires that you prove your financial loss and damage to your good name. I recently sued someone for making a false statement against me (they posted a defamatory and untrue statement on my eBay feedback profile) which I was required to prove caused me to lose income - that the comment adversely affected my eBay sales. I had to show proof of income from a prior period as compared to my income after the comment. Anyway, all of that is just to say that I've had some first hand experience with this. I wasn't suing for $10M though. LOL! |
A_womon
Veteran Poster
Username: A_womon
Post Number: 1365
Registered: 05-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, September 27, 2006 - 03:21 pm: |
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This is good information to know. Thanks Mzuri!
Writers are always getting sued by someone who thinks they are a character in your book. But the average person loses most of the time.
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Mzuri
"Cyniquian" Level Poster
Username: Mzuri
Post Number: 1621
Registered: 01-2006
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, September 27, 2006 - 03:52 pm: |
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I never knew that writers got sued for that reason. Plus I thought all you had to do was change the names to protect the innocent. I wonder what would happen if you created one composite character from about five of the craziest people you knew. How could they prove who is who? LOLOL! Anyway, I'm just a Perry Mason nerd and a wannabe lawyer. I would advise you to contact an expert. |
A_womon
Veteran Poster
Username: A_womon
Post Number: 1366
Registered: 05-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, September 27, 2006 - 04:03 pm: |
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HA! Yeah, I read that Terry McMillan's son's father sued her because he felt the lead character in "Disappearing Acts" was him!
He lost.
My research findings say that a simple name change if in fact you are using a real life person DOES NOT protect you from a suit. But hey, the law is fluid and is only as good as the last legal precedent--so I think you're right consulting a real attorney is probably the best way to avoid winding up in court!
PEACE!
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Abm
"Cyniquian" Level Poster
Username: Abm
Post Number: 6411
Registered: 04-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, September 27, 2006 - 04:39 pm: |
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Mzuri,
I think you're referring to Compensatory damages, which, as you appear to describe, must in some way be commensurate with what the plaintive is alleged to have lost. I wager Poppa Barrino suits also includes Punitive damages, which are intended less to satisfy some specific material lost and more to punish THE defendant for some great wrong.
I think it unlikely he'll prevail here. Because it seems to me he'd have to be capable of proving the publisher intentionally and willfully committed liable. And how Do you prove that such was their their motivation?
This is a mess.
Here you have a family infighting amongst Black foks where the principal figure is the alleged author of a book that she herself can't even read...much less friggin' WRITE. |
Cynique
"Cyniquian" Level Poster
Username: Cynique
Post Number: 5270
Registered: 01-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, September 27, 2006 - 05:50 pm: |
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There is actually a fictional genre called "roman a clef" where people write books based on real events and real people. But the authors do change the names of the characters. |
Igbogirl
Regular Poster
Username: Igbogirl
Post Number: 218
Registered: 09-2006
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, September 27, 2006 - 09:39 pm: |
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Fantasia's daddy needs his azz kicked. |
Mzuri
"Cyniquian" Level Poster
Username: Mzuri
Post Number: 1639
Registered: 01-2006
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, September 28, 2006 - 09:44 am: |
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