Barely Legal
Jan. 30 2008, Published 8:04 a.m. ET
In what we hope won't become a regular series, Fresh Intelligence presents selections from The RadarOnline.com Case File, featuring correspondence from litigious celebs across the globe. First up, a recent email from Marcy Morris, legal advisor to (allegedly) thrifty thespian Cameron Diaz. Though her letter is presented in its unexpurgated form, RadarOnline.com's inhouse ombudsman convinced us to leave out the personal email addresses of Cameron Diaz, Hollywood PR guru Brad Cafarelli, super-agent Rick Yorn and celebrity litigator Jay Lavely, all of whom Ms. Morris helpfully cc'ed on her message.
SUBJECT: Proposed Article Regarding Cameron Diaz
TO: Agoldstein@radarmagazine.com
Dear Mr. Goldstein:
I am writing on behalf of our client, Cameron Diaz. It has come to our attention that you are preparing a story for RadarOnline.com Magazine's on-line edition containing false and defamatory allegations regarding Ms. Diaz including, without limitation, the following untrue allegations:
1. That Cameron Diaz has a habit of using her star power to leverage free rides on jets and discounts at trendy clothing stores, and that when people don't give in she refuses to have anything more to do with the companies.
2. That Ms. Diaz constantly tries to pay the lowest possible salaries for her employees and retainers.
3. That after MTV cancelled her MTV show "Trippin", Ms. Diaz gave them a bill for expenses that included her personal trainer, hairdresser, make up artist, and extra hotel fees but then, when asked to show the receipts, she threatened to sue.
Please be on notice that all of the above allegations are entirely false. Any publication of these or any other false allegations in an article will be defamatory per se, will depict Ms. Diaz in a disparaging false light and will constitute intentional infliction of emotional distress, all of which will damage her hard earned personal and professional reputation.
In seeking protection from libelous statements, a public figure, under both state and federal law, is required to prove actual malice. "Actual malice" has been found where the libelous statement is made with knowledge of its falsity or with reckless disregard of whether or not it was false. If RadarOnline.com Magazine were to proceed to publish any such story, even by inference or innuendo, such will have been done with knowledge of the falsity of the same and with reckless disregard for whether it was false or not, thereby constituting "actual malice".
We hereby demand that you refrain from publishing or in any other manner disseminating or republishing any false and libelous statements about our client.
The foregoing does not purport to be a full or exhaustive statement of the relevant facts or legal principles involved in this matter and is without prejudice to any of our client's rights, remedies, claims or positions at law or in equity, all of which rights and remedies are hereby expressly reserved.
Sincerely,
Marcy S. Morris
Jackoway Tyerman
Wertheimer Austen
Mandelbaum & Morris