Statement of L. Lin Wood Regarding Defamation Suit Filed Against John O’Quinn
ATLANTA, April 13 /PRNewswire-USNewswire/ —
A lawsuit for defamation
was filed today on behalf of Howard K. Stern against John O’Quinn, the
attorney for Virgie Arthur, Anna Nicole Smith’s mother. The lawsuit seeks
compensatory and punitive damages for slander and invasion of privacy. The
lawsuit was filed in the United States District Court for the Southern
District of Florida (West Palm Beach Division) and has been denominated
Civil Action No. 07-60534.
The lawsuit focuses on Mr. O’Quinn’s recent appearances on a number of
national television shows in which he has made public accusations of murder
and other misconduct against Mr. Stern in connection with the Anna Nicole
Smith case, including his accusations in a February 21, 2007 interview of
Mr. O’Quinn from Fort Lauderdale, Florida for the Fox News show, On the
Record with Greta Van Susteren. As stated in the complaint filed today, Mr.
O’Quinn’s accusations against Mr. Stern are false and Mr. Stern seeks to
hold him accountable through the civil justice system.
The country is presently engaged in a debate over the proper use of
public airwaves by members of the broadcast media. In addition to the
issues being presently debated, the filing of this lawsuit should serve as
a reminder that the public airwaves should never be used to make false
accusations of murder against a citizen who has not been charged with any
crime. The public airwaves should never be used to promote personal agendas
or vendettas. And the national television networks should never provide
airtime to facilitate the broadcast of such statements to enhance the
networks’ desire for higher ratings and greater profits from sensational,
false accusations in a high profile case. While we all cherish the First
Amendment right of free speech, there is no value in false, accusatory
speech.
L. Lin Wood is a partner at Powell Goldstein LLP in Atlanta, Georgia.
M. Krista Barth of Palm Beach Gardens, Florida serves as co-counsel with
Powell Goldstein in this litigation.
SOURCE Powell Goldstein LLP
Dannielynn Custody On Hold Amid Settlement Talks
by Gina Serpe
Fri, 13 Apr 2007 02:01:14 PM PDT
Friday the 13th may not have brought bad luck to Larry Birkhead, but it didn’t bring him good luck either.
Despite expectations that Birkhead would leave a closed-door hearing in the Bahamas Friday with sole custody of seven-month-old daughter Dannielynn, the court adjourned for the day without rendering a decision.
Birkhead scored a major victory in court Tuesday, when DNA tests confirmed he, not Howard K. Stern, was the biological father of Anna Nicole Smith’s much-disputed daughter. Since then, the Kentucky-born photographer has been attempting to work out a private custody arrangement with Smith’s mother, Virgie Arthur. The judge decided to give Birkhead and Arthur time to work out a compromise before handing down a ruling.
The girl cannot be taken out of the Bahamas until the matter is resolved.
Birkhead, Stern and Arthur all appeared for Friday’s brief hearing at the Nassau courthouse. The proceedings began at 2:30 p.m. local time and lasted just over a half-hour before Stern emerged.
“If it were up to me, the formal order in terms of giving Larry full custody would have occurred today,” Stern said. “At least informally, the transition period has already begun.”
Stern added that Birkhead, who left the courthouse without speaking to the press, has visited Dannielynn throughout the week, “changing diapers, feeding her, playing with her...he’s doing a great job.” The child has been with Stern, who had been listed on the birth certificate as the father, since Smith’s Feb. 8 death.
While Stern did not give a reason as to the adjournment, he said that “people can draw their own conclusions.”
John O’Quinn, Arthur’s lawyer, was next to exit the courthouse. He said that his client and Birkhead would meet privately Saturday with “no lawyers, no press, nothing but two human beings to figure out what’s in the best interest of the child.”
Birkhead, who announced Wednesday that he was not willing to split or in any way share custody of the child, initially met with Arthur, and their respective attorneys, on Thursday evening at her request.
A week ago, before the paternity issue was settled, Arthur mounted her own seemingly long-shot bid for legal custody of Dannielynn as the girl’s last remaining blood relative. After Tuesday’s paternity announcement, Arthur said she was relieved at the outcome and referred to Birkhead as “a good guy,” but refused to discuss her pending motion.
Thursday’s meeting focused on the legal maneuvering and potential visitation rights.
“I’d just like to listen I guess,” Birkhead told Access Hollywood prior to the get-together. “I don’t know what anybody wants to say to me. I don’t know really what there is to talk about, but I’m glad to sit down and have a discussion.”
As for splitting custody with Arthur, Birkhead said, “I’ve never even heard of that. Custody for a grandparent? I’ve never heard that when there is a fit parent that’s totally capable. I mean, it’s like if that is what her attorneys are saying is her position then maybe my parents need to come for custody, too. It just doesn’t make sense.”
Surprisingly, Stern sees it that way, too. After coming out on the losing end of Tuesday’s paternity ruling, Smith’s lawyer/companion told reporters that he would do “whatever I can to make sure he gets sole custody.”
While Stern is formally in charge of Smith’s estate, it’s Dannielynn who will likely receive any inheritance that Smith had coming from her marriage to oil tycoon J. Howard Marshall II, whose fortune topped $500 million.
Not that Birkhead is relying on that money to keep Dannielynn in diapers.
He told Access Hollywood that he was toying with the idea of releasing an official photo of him and his daughter to head off the paparazzi headhunting that would inevitably follow his trip back to the U.S. Birkhead said that any proceeds from the photo would go into a trust for Dannielynn.
Fox News aslo reported that Birkhead has inked signed a “high six-figure deal” with NBC-owned Bravo for exclusive access to his baby-daddy saga. The cable news net reported that NBC would simply repurpose Birkhead’s exclusives with Access for use on their artsy cable offshoot. NBC, however, has denied the report.
In any event, Birkhead and Stern say they planned to transition the girl between the two men over the course of the next two to four weeks.
http://www.eonline.com/news/article/index.jsp?uuid=04e99388-1f76-429b-9a80-1662d8080389
Stupid of HKS.
See post #4562. Statement of L. Lin Wood Regarding Defamation Suit Filed Against John O’Quinn
Well, isn’t Lin stupid.
Bring on the depositions, you dimbulb.
It makes me suspicious that they are about to reopen the Florida case.
This probably has some bearing on Danny's inquest being moved way into May. and goes "to the prejudice of the jurors" at the inquest...because that might be the stimulous to re-open the Florida Case.
Howard wants that Inquest NOT TO BE BROADCAST and with no jury. The Seidlin Court broadcast killed him.
Howard likes everything to be a secret...the baby's father, the coming SECRET wedding, her monetary holdings, her physical holdings....but the big friggin' secret was KE and her medicine "motherlode".
“the filing of this lawsuit should serve as
a reminder that the public airwaves should never be used to make false accusations of murder against a citizen who has not been charged with any crime.”
Be careful what you wish for....do I hear ‘wrongful death’ charges being filed as we speak?
Now I understand the stupidity!!
Statement of L. Lin Wood Regarding Defamation Suit Filed Against John O’Quinn
*********************
It’s on now!!!
That means you, too, Leroy!
Would like to hear about the legal issues in that term for Mr. O'Quinn.
Thanks for article concerning the Defamation Suit Filed by Leroy, against John O’Quinn. Guess they are first going after the individual with the deepest pockets. I noticed the now famous Barth is also involved in the suit against O’Quinn.
I’m really sickened by this suit. ;( ;(
Does this lawsuit mean that Howie will have to go on the stand and be questioned under OATH?