Tag Archives: damages

Kid Rock Says Waffle House Lawsuit Could Have Cost Him Millions

‘Do people really think I was being sued for $6,000?’ rap-rocker asks MTV News. By Kyle Anderson, with reporting by Tim Kash Kid Rock Photo: MTV News Considering his stature as an international music star, it’s never especially surprising to find Kid Rock in the news. But last week, Rock made his way into headlines for a rather dubious reason, as he was forced to pay out $40,000 to a man named Harlen Akins, who sued him for his involvement in a brawl that took place at an Atlanta-area Waffle House in 2007.

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Kid Rock Says Waffle House Lawsuit Could Have Cost Him Millions

Britney Spears’ Ex-Bodyguard Defends Lawsuit

Fernando Flores tells TMZ he’s ‘standing up for what I believe is right.’ By Kelley L. Carter Britney Spears Photo: David Aguilera/ BuzzFoto/ FilmMagic A former bodyguard for pop superstar Britney Spears defended his sexual-harassment lawsuit Thursday (September 9), saying he’s “standing up for what I believe is right.” Fernando Flores, the bodyguard who alleged earlier this week that the pop singer repeatedly made unwanted sexual advances toward him and exposed her naked or near-naked body to him, gave a quick interview to TMZ outside his lawyer’s Orange County office. Spears, however, denied the allegations , posting a statement on her website saying that she and her attorneys believed the suit would be dismissed. “This lawsuit is another unfortunate situation where someone is trying to take advantage of the Spears family and make a name for himself,” the statement read. To Spears’ statement, Flores told the gossip website “if that’s what they think, then that’s what they think.” A dollar amount isn’t cited in the suit — which is posted on TMZ — but Flores is seeking damages based on the sexual-harassment incidents and for “intentional infliction of emotional distress.” Flores also alleged in the suit that Spears abused her children. In the suit, he said the 28-year-old had sex and engaged in violent arguments in front of her two young sons. Sources told TMZ that Flores’ accusations of child abuse (including an incident where he says Spears allegedly whipped one of her sons with a belt) were declared without merit by the Department of Children and Family Services. Related Photos The Evolution Of: Britney Spears Related Artists Britney Spears

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Britney Spears’ Ex-Bodyguard Defends Lawsuit

Britney Spears’ Ex-Bodyguard Must Prove Ongoing Harassment, Expert Says

Attorney Michael Bononi explains that the burden is on Fernando Flores to prove his hostile work environment. By Mawuse Ziegbe Britney Spears Photo: Pacific Coast News After mounting a successful comeback and maintaining a relatively low profile in the press for the past year, Britney Spears is now dealing with another bout of disturbing claims regarding her personal life. On Wednesday, Spears’ former bodyguard, Fernando Flores , filed a sexual harassment lawsuit alleging that the singer made multiple unwelcome passes at him, exposed herself on numerous occasions and engaged in sex in front of her two young sons. A post on Spears’ site denied the allegations. The accusations are harsh, however, according to a legal expert, it’s up to Flores to provide the evidence. “What he’s gonna have to show in making these allegations is that he was subjected to a hostile work environment, and it’s gonna have to be hostile in two ways: one, that a reasonable person similarly situated would have been offended by the conduct and secondly that he was actually offended by the conduct,” Michael Bononi, a partner at Bononi Law Group in Los Angeles, told MTV News. Bononi, who has worked for castmembers of “Desperate Housewives,” is not involved in Spears’ case, though has represented both sides in sexual harassment cases. He said juries typically look for material evidence, in the form of official complaints or concerns voiced to friends, that indicates wrongdoing on the defendant’s part. “What courts and what juries look [for] is: Did he act consistently with the way you would expect someone to act who was actually offended by this type of conduct? In other words, did he make complaints? Did he tell her to stop? Did he talk to his friends and colleagues?” Bononi said. “Is there corroboration that at the time this was happening it was actually bothering him, and are people going to come forward and be able to testify that at the time this stuff was transpiring, he was talking to them about it, talking about how offended if, at all, he was?” The suit states that Flores reported an incident in which Spears called him up to her room “for no other purpose or reason than to expose her naked or near naked body to Plaintiff.” According to the suit, Flores’ supervisor, Josh McMahan, shrugged off the incident, saying, “You know you liked it.” Flores also apparently voiced his issues several times, but “his complaints were ignored or mocked, and no action was taken to rectify the situation.” Bononi described California’s sexual harassment laws as “employee-friendly,” noting that there is no cap on punitive damages. However, the onus is still on Flores to demonstrate the extent to which his experience with Spears affected him. “That’s the big hurdle that he’s gonna have to get over: How offensive was this to him?” he said. “From what I’ve read … if it’s that she’s walked around him nude a few times and similar things, I haven’t read anything where she’s demanding sex or anything along those lines.” Bononi also noted that as member of a superstar’s security detail, Flores was likely prepped for challenging and intense situations. “As far as the salacious nature of these allegations, he’s a bodyguard … how offended was he if the conduct that he’s talking about is truthful. How injured is he? It’s hard to believe that he’s scarred from seeing her in her room a few times.” Bononi mentioned that Spears’ celebrity may work against her if she has actually crossed any boundaries. The high-profile nature of the case would likely spur others to come forward if the singer has a history of inappropriate behavior with her employees. “The celebrity status, where it can really have an impact on these cases, is if she has engaged in similar sort of conduct with other people in the past, this provides … an avenue for them to come forward and say, ‘Look what happened to me,’ ” Bononi said. “The celebrity status really does encourage people to come forward that have seen some of this or have experienced similar sort of stuff in the past from Britney if she has in fact done it.” While Spears’ past troubles may inform public opinion, Bononi said her previous personal issues or the fact that she makes a living touring the world, touting an ultra-sexy image, shouldn’t factor into the sexual harassment case. “There’s nothing in her past that I’m aware of that has anything to do with sexual harassment of employees,” Bononi said. “It should not be held against her. It makes her an easy target for these types of allegations.” Related Artists Britney Spears

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Britney Spears’ Ex-Bodyguard Must Prove Ongoing Harassment, Expert Says

Britney Spears Responds To Sexual Harassment Suit

Statement on Spears’ website claims bodyguard is trying to ‘make a name for himself.’ By Kyle Anderson Britney Spears Photo: Christopher Polk/ Getty Images On Wednesday, a bodyguard named Fernando Flores, formerly in the employ of Britney Spears, filed a lawsuit against the singer alleging that she not only sexually harassed him but also abused her two young sons Sean Preston and Jayden James. Eager to clear the air, Spears responded to the suit and the allegations today via her official website . “This lawsuit is another unfortunate situation where someone is trying to take advantage of the Spears family and make a name for himself,” the post reads. “The Department of Children and Family Services conducted a proper investigation surrounding Mr. Flores’ accusations and have closed the case without any further action. Ms. Spears and her attorneys have every expectation that this matter will be dismissed by the courts.” Prior to the formal lawsuit (which was filed in Los Angeles Superior Court on Wednesday), Flores had previously filed a complaint with the Department of Children and Family Services that accused Spears of physically abusing her two young sons in the bodyguard’s presence, including one incident where she supposedly struck one of them with a belt. Kevin Federline, Spears’ ex-husband and father to both Sean Preston and Jayden James, also denied the child abuse accusations put forth by Flores. Through his attorney, Federline declared the allegations “baseless,” according to The Associated Press. Spears — who at one point lost custody of her two kids — now shares joint custody with Federline. Flores, who claims Spears would often expose herself to him and engage in sexual acts while in his presence, is seeking damages for the alleged sexual harassment. Related Photos The Evolution Of: Britney Spears Related Artists Britney Spears

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Britney Spears Responds To Sexual Harassment Suit

Join Us Against Monsanto!

We started as one and now we are thousands and growing. Sign the petition and let them know you are not going to be part of their mass experiment anymore. We want Justice! We want our food to be natural, our health to be protected, our farmers to have an opportunity to grow locally, offering safe, fresh food and a political system that favors the big ag/chemical industry to go down, now! Thanks to all that signed and to all that will join us in our effort to hold this company accountable for its damages to the WORLD. Sponsored by us: OrganicLegion.org http://www.thepetitionsite.com/1/bring-down-monsanto-monopoly/ (Update) Please, also share this petition on Facebook, Myspace and Twitter. Repost this message: Tell our Government: Bring Down Monsanto's poisoning. Hold this company accountable for its damages to the world! http://bit.ly/bko2mZ Photo Courtesy by: http://www.flickr.com/photos/tim_and_selena/4740867237/# Tim & Selena Middleton Join the Organic Movement: http://current.com/groups/organicgreen/ added by: lookatmypix

If We Can Attribute Natural Disasters to Climate Change, Who Could Victims Sue for Damages?

photo: Samenwerkende Hulpoganisaties via flickr Though it’s de rigueur to say that any single weather event can’t be directly linked to climate change, and it’s true, what if we could determine how much of say massive flooding or a 1000-year heat wave were caused by human-caused warming? Could the victims hold anyone responsible and sue for damages? That’s the question asked in a recent

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If We Can Attribute Natural Disasters to Climate Change, Who Could Victims Sue for Damages?

Faith Evans Says She’s ‘Fine And Well’ After Arrest

‘I am on the set of my new video,’ the R&B singer tweets, thanking fans for support after weekend drunken driving charge. By James Dinh Faith Evans Photo: Jim Spellman/WireImage When it comes to R&B singers these days, personal troubles seem to be the least of their worries. Fantasia was ready to promote her album just weeks after her reported suicide attempt. And now Faith Evans says she’s resuming work on her new music video just days after her arrest on suspicion of misdemeanor drunken driving. The singer took to Twitter to thank fans for their well-wishes and assured them that a music video is still on the way. “Hi Faithfuls…I am on the set of my new video for my single “Gone Already”. I’m sure by now most of you heard that I was detained on suspicion of a DUI,” she tweeted on Monday (August 23). “After completing a full day of wardrobe prep I was stopped at a random checkpoint. I’m fine and well, and thank you for your prayers, kind words and concerns. I can’t wait for you all to see my new video & look forward to hearing from u guys…Fizzy,” she continued. On Saturday, Evans was pulled over at a checkpoint near Marina del Rey in Los Angeles and arrested on suspicion of misdemeanor drunken driving where she was then taken into police custody at 10:40 p.m. According to The Associated Press, the singer’s car was impounded as she was held for a few hours before being released on bail the following morning. In addition to working on new music, the singer is reportedly filming her own reality show , titled “It’s All About Faith,” which will follow Evans as she makes her return to the music scene. Are you looking forward to new music from R&B diva Faith Evans? Tell us in the comments. Related Artists Faith Evans

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Faith Evans Says She’s ‘Fine And Well’ After Arrest

Wale Returns To His Roots With More About Nothing Mixtape

‘I wanted to channel the Wale [that existed] before I ever signed a record deal,’ rapper tells Mixtape Daily. By Shaheem Reid, with additional reporting by Rahman Dukes Wale’s ‘More About Nothing’ Photo: Courtesy of Wale Main Pick Street King : Wale Holding It Down for : DMV Mixtape : More About Nothing Real Spit : Yes the tape was a trending topic on Twitter when it came out about a week ago, and Mr. Folarin says he got over 100,000 downloads in less than 90 minutes when it dropped. A nice little ego booster, but Wale says he still feels the same way about selling 28,000 the first week his LP Attention Deficit (2009) dropped. “It damages your pride, your ego, it makes you think you’re not doing something right,” said in his hometown of Washington, D.C. “I wanted to channel the Wale [that existed] before I ever signed a record deal.” Wale’s most critically acclaimed mixtape is 2008’s Mixtape About Nothing, so he wanted to take it back to his roots. He says he feels like he’s not signed. He’s hungry. “That’s why you hear that vigor and hunger in my voice while I’m rapping. I was trying to go super-crazy in the booth to let them know that the hunger is still there. It’s to my label, the fans, to the doubters. I’m trying to prove myself. A lot of people try to reinvent themselves. I’m trying to define myself. It’s almost like it was a rough draft of my mission statement before, but this is the final draft. If y’all didn’t know who Wale was before, you know now. And the play on Nothing is that a lot people are saying nothin’, but we’re saying somethin’ now.” He has a lot to say on a particular track called “The Friends ‘n’ Strangers,” where he addresses a certain “Man on the Moon.” And we don’t mean the VMA Moonman. Joints To Check For

NBC’s Andrea Mitchell Hits Democrat From the Left on Bush Tax Cuts

On the Wednesday edition of her self-titled MSNBC show, Andrea Mitchell actually hit a Democratic Senator from the left on tax cuts. Democratic Indiana Senator Evan Bayh appeared on Andrea Mitchell Reports to offer his support to extending the Bush tax cuts as a way to stimulate the economy but a skeptical Mitchell pressed: “Senator, given the deficit and the wealth of the upper class, and the fact that they sit on their money and put it into savings, why give them this tax break?” Bayh went on to tell the NBC correspondent that raising taxes “will lower consumer demand at a time we want people putting more money into the economy” and pointed out “the people you’re referring to, in those upper brackets, are the ones that make decision about hiring and making investments.” The undeterred Mitchell responded with the Obama administration line that “you should extend the tax cuts for the middle class but not for people making more than $250,000 a year.” Bayh, delivering a basic economics lesson, reminded Mitchell that while “middle class taxpayers are using the extra money to pay down debt, credit card bills, mortgages, things like that…It’s the people in the upper brackets who continue to spend at a higher rate, propping up consumer demand” and insisted “If we want people to hire more individuals, if we want them to make business investments, raising burdens on them probably doesn’t improve their optimism, confidence and discourages rather than encourages them to do those kinds of things.” However, Bayh did relent when he offered to Mitchell that eventually the tax rates “are probably going to have to go up but it ought to be as part of a comprehensive deficit reduction package.” The following exchange was aired on the August 4 edition of MSNBC’s Andrea Mitchell Reports: ANDREA MITCHELL: July’s official unemployment numbers due out Friday but an independent study says that the U.S. economy added only 42,000 private sector jobs last month. That is sluggish. That sluggish growth and the overall weak economy has Republicans and even some Democrats rallying against letting any of the Bush tax cuts expire, including the ones for the upper class. And joining us now Democratic Senator Evan Bayh, one of those Democrats that serves on the Banking and Small Business committees . Senator, given the deficit and the wealth of the upper class, and the fact that they sit on their money and put it into savings, why give them this tax break? SEN. EVAN BAYH: Well, a couple of things, Andrea. First, as you noted, the economy is very weak right now. And raising taxes will lower consumer demand at a time we want people putting more money into the economy. Secondly, the people you’re referring to, in those upper brackets, are the ones that make decisions about hiring and about making investments. We want them to do more of that, and so raising burdens on them during a time like this is just not the right thing to do. Now once the economy has a head of momentum under it, a self-sustaining recovery, we’re adding jobs, not the forty-some thousand you mentioned, but more than 100,000 – 200,000 every month then we can pivot and look at deficit reduction. Because in the long run I share that, the concern about that. But right now we want to emphasize growth and getting the economy moving and then pivot and get the deficit down. MITCHELL: Well what do you say to the White House and their position is that you should extend the tax cuts for the middle class but not for people making more than $250,000 a year. BAYH: Well, a couple of things. There’s some evidence that’s come out recently that middle class taxpayers are using the extra money to pay down debt, credit card bills, mortgages, things like that. That’s a good thing to do but it doesn’t stimulate the economy. It’s the people in the upper brackets who continue to spend at a higher rate, propping up consumer demand. And then there’s the point that I mentioned. If we want people to hire more individuals, if we want them to make business investments, raising burdens on them probably doesn’t improve their optimism, confidence and discourages rather than encourages them to do those kinds of things. And the final point that I make, Andrea is, eventually those rates are probably going to have to go up but it ought to be as part of a comprehensive deficit reduction package combined with spending enforceable spending restraint. To just go out and raise taxes with no spending restraint, particularly during a recession, it’s just not the right time to do that. MITCHELL: Well at this stage, as you’re leaving the Senate. You don’t have to worry about the political fallout in, in the midterm elections, but are your colleagues going to go along, your Democratic colleagues, go along with extending the tax breaks for the, for the rich? BAYH: No, the vast majority of them won’t. I suspect that there will be three or four or five of us who have qualms about that. But I won’t identify the member but someone who you would quickly recognize as a very liberal member of the caucus yesterday was speaking up about she happened to believe that raising taxes on anyone making less than $8 million a year, at this moment, was not the right thing to do. So even some of the more liberal MITCHELL: Eight million?! BAYH: No, no $1 million. I’m sorry, $1 million. MITCHELL: Okay. BAYH: I should enunciate more clearly. $1 million a year was not the right thing to do. So this debate has a ways to go. We need to do two things in sequence. Number one, err on the side of more stimulus for the economy, getting it moving. That means not raising taxes right now when it’s very sluggish as you pointed out. And then a real focus on deficit reduction starting with spending restraint. And then if we have to raise revenue, which in all likelihood we probably will, focusing on the people who are in the position to help us do that best but not now. MITCHELL: Evan Bayh from the Senate. Thank you very much.

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NBC’s Andrea Mitchell Hits Democrat From the Left on Bush Tax Cuts

Court Filings Show ’60 Minutes’ Hero Donzinger Colluded with Ecuadoran Government to Defraud Chevron

These are some of the outtakes that the Ecuadoran plaintiff lawyer Steve Donziger probably wished were left on the cutting room floor. Back in May 2009, CBS’s “60 Minutes” featured a story on the legal conflict between Chevron and an eco-group called the Amazon Defense Coalition for $27.4 billion in so-called environmental damage in Ecuador’s rain forest from then-Texaco Petroleum’s (Texpet) operation of oil well sites over a decade ago. However, in 1998, the government of Ecuador certified that Texpet , a minority partner in an exploration and production venture state-owned oil company PetroEcuador, had met Ecuadorian and international remediation standards and had released Texpet from future claims and obligations. During that May 3 broadcast, Donziger was portrayed by CBS “60 Minutes” correspondent Scott Pelley as a shining individual with a deeply rooted compassion for the indigenous people of the Ecuadorian Amazon. “We traveled downriver in search of an Indian tribe which is part of the group suing Chevron. For centuries this has been the territory of the Secoyas,” Pelley said. “We sat with two of their leaders who said they had never seen oil until it was on the river. Humberto told us oil looked like flowing black blankets and ruined the fishing. The Secoyas took us to their community hut, where we saw the driving force behind the suit, Stephen Donziger, a New York lawyer, far from home.” However, the National Association of Manufacturers blog ShopFloor.org , in a post by Carter Wood, reports a legal filing from Chevron with a transcription of outtakes from the movie “Crude” by Joe Berlinger , which were left out of the actual film, portrays Donziger in a less-the-flattering light, or as he would say, “a bunch of smoke and mirrors and bulls**t.” (filings available here ): “Hold on a second, you know, this is Ecuador … You can say whatever you want and at the end of the day, there’s a thousand people around the courthouse, you’re going to get what you want. Sorry, but it’s true.” “Because at the end of the day, this is all for the Court just a bunch of smoke and mirrors and bullshit. It really is. We have enough, to get money, to win.” Wood also pointed out those filings suggest a “sordid orchestration of the claims against Chevron, with Steven Donziger being the cynical conductor” – that this random figure $27.4-billion figure was in fact not assigned independently: The Crude Outtakes Show That Plaintiffs’ Counsel and Consultants Planned and Created the Supposedly Independent $27.4 Billion “Global Expert Assessment” The outtakes that Chevron has reviewed so far leave no doubt that Plaintiffs arranged for Cabrera’s appointment and decided what Cabrera’s report would say, and that Plaintiffs’ lawyers and their U.S. consultants – not independent experts working for Cabrera – drafted Cabrera’s initial work plan and ultimately his damages assessment in the Lago Agrio Litigation. In a separate post also dated Aug. 3, Wood shows these filings suggest there’s probably more to be revealed in these outtakes:  “It would strain the Second Circuit’s Order to include only footage of counsel and not footage of those working on behalf of or in concert with Plaintiffs’ counsel. There is little question that groups such as Soltani’s Amazon Watch and Amazon Defense Front have been working on behalf of or in concert with Plaintiffs’ counsel in connection with the Lago Agrio Litigation, and thus footage of personnel from those groups should be produced pursuant to the Second Circuit’s Order. Indeed, recognizing the role that personnel from such organizations have played on behalf of Plaintiffs’ counsel, Berlinger has treated Luis Yanza and other members of Amazon Defense Front as part of Plaintiffs’ litigation team, and has already produced footage including Luis Yanza. See Ex. U. Nonetheless, during the meet and confer, Berlinger’s counsel stated that Mr. Berlinger has taken the position that communications with or film involving Amazon Watch and the Frente are privileged, even though they stand effectively in the same position as Yanza. But Plaintiffs have asserted in the District Court in Colorado that the Frente, Amazon Watch, and Karen Hinton are so closely aligned that they fall within the circle of attorney-client privilege. Ex. QQ. They cannot possible contend here that communications with “Plaintiffs’ counsel” do not include Karen Hinton, the Frente, and Amazon Watch.” There have been a lot of questions surrounding the legitimacy of case. Last September, an undercover camera showed the judge in the case willing to participate in a $3 million bribery scheme . Will “60 Minutes,”and also The New York Times as well, run follow-up pieces about the questions surrounding the case they touted as important to the people Ecuador? Time can only tell.