Morgan Carey is suing his younger sister and famous singer, Mariah Carey, for defamation and intentional infliction of emotional distress related to stories recounted in her recently released memoir, The Meaning of Mariah Carey. The lawsuit focuses on several passages from her book, of which one reads: “It took twelve cops to pull my brother and father apart. The big bodies of men, all entangled like a swirling hurricane, crashed loudly into the living room. I was a little girl with very few memories of a big brother who protected me. More often, I felt I had to protect myself from him, and sometimes I would find myself protecting my…
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NICHOLAS SPARKS SUED FOR DEFAMATION
Renowned author Nicholas Sparks is currently being sued by the former headmaster of the New Bern, North Carolina school founded by Sparks. Saul Benjamin alleges Sparks defamed him by telling parents of the students that Benjamin suffered from mental health problems. What is defamation, and how is it proved in court? (Benjamin also alleges Sparks violated the Americans with Disabilities Act, but analysis of this claim is outside the scope of this article.) Elements of Defamation Defamation is generally defined as a published, false statement that harms the reputation of the person(s) referenced in the statement. To establish a prima facie claim for defamation, a Plaintiff must…
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The Purpose of Non-Disclosure Agreements and How They Could Fail Harvey Weinstein
What happens when you violate a non-disclosure agreement? Are there any circumstances in which is permissible to violate one without consequences? What are non-disclosure agreements even for? What does everyone have to hide? Non-disclosure agreements are a way for businesses or individuals to protect confidential information given to their employees or other parties. They can also be called “confidentiality agreements” or simply “NDAs.” At Lindley Law, all employees sign a confidentiality agreement with respect to client information. In addition to attorney-client confidentiality, it is important to the attorney-client relationship that we maintain confidentiality so as to not compromise or prejudice our clients in any way. Other companies, such…
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The Importance of Being Earnest: Contracts Edition
Most people don’t like reading contracts and it’s no surprise why. They are usually boring, wordy, and full of legalese that can be difficult to understand. Reading them requires an attention span longer than most of us have and it’s easier to just sign on the dotted line rather than slog through each of the terms and determine whether they are agreeable. If a person does not make a living as a general contractor, wedding photographer, or any profession that signs contracts with clients on a regular basis, they may not realize how important a contract is. At it’s very core, a contract is an agreement defining the rights…
