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Court Loss! Judges Deny Shia LaBeouf's Request To Throw Out ‘Racist’ Bartender Rant Lawsuit

Shia LaBeouf With Full BeardWalking Down the Street Wearng AirBuds and Yellow Sweatshirt, Inset Shia LaBeouf Ranting at Bar
Source: RadarOnline; Shutterstock

Nov. 25 2019, Published 7:17 p.m. ET

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Shia LaBeouf had a major court loss in his "racist" bartender lawsuit, RadarOnline.com exclusively learned.

As Radar readers know, in April 2017, the troubled actor was caught on film going on an unhinged rant against David Bernstein, a bartender at the Jerry’s Deli in Studio City, CA..

Radar’s exclusive video was the second one to surface from the incident, and the new footage showed the bartender holding a bottle of Grey Goose vodka over his shoulder as LaBeouf railed against him.

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“I’m asking you about French fries and you want to hit me in the head with a Grey Goose bottle,” LaBeouf shouts. “You know your employee’s about to hit me with a grey goose bottle about French fries?” He then shouts to another bartender, “You f***ing racist b**ch.”

Bernstein filed a $5 million lawsuit against LaBeouf for defamation and scored a court win against the actor, according to documents exclusively obtained by Radar.

In the new court documents exclusively obtained by Radar, LaBeouf tried to argue that because he was a celebrity his speech was protected by the first amendment and that the lawsuit should be thrown out, but the California State Appeals court denied his request.

“In sum, neither LaBeouf's statements calling Bernstein a 'racist,' nor LaBeouf’s other conduct during the incident at Jerry’s, involved in a matter of public interest or concern,” the court documents filed on Nov. 19 and obtained by Radar stated.

“Rather, LaBeouf’s statements stemmed out of an isolated dispute between himself and Bernstein. The lower court, therefore, properly denied LaBeouf’s anti-slap motion.”

The documents continued: “The order denying LaBeouf’s Anti-SLAPP motion is affirmed. David Bernstein shall recover his costs on appeal.”

Bernstein’s attorney Bruce Wernik told Radar that they were pleased with the ruling.

“In an overwhelming and clear decision, they say that what Shia did in the bar was not protected free speech. It was a private incident between individuals,” he said after the ruling.

“His argument has always been ‘I’m a celebrity and everything I say is protected,’” Wernik told Radar.

“The court did not agree in any way. They affirmed the trial court decision.”

As for the next step, Wernik told Radar LaBeouf’s attorneys “have to make a decision if they want to appeal to the Supreme Court.”

LaBeouf’s graphic language during the incident was caught on video exclusively obtained by Radar.

“You’re going to hit me with a Grey Goose bottle?” a slurring LaBeouf said to the bartender, who was heard on the video obtained by Radar saying: “I don’t give a f**k. Get away from me dude.”

“You f***ing racist b**ch,” LaBeouf yelled. “You f***ed up. Hey you f***ed up. Wake up. This motherf****r is racist.”

Bernstein’s $5 million lawsuit was for defamation and assault, claiming “intentional infliction of emotional distress” after the alleged altercation.

Scroll through the gallery to see the shocking footage from the night LaBeouf was caught on camera in the epic meltdown.

WARNING GRAPHIC LANGUAGE

Radar obtained exclusive video from the night in 2017 showing the out-of-control actor screaming in rage. In the footage, LaBeouf can be seen screaming at bartender Bernstein, who is clearly holding a bottle of Grey Goose vodka over his shoulder. The seemingly inebriated actor aggressively approached him behind the bar. Yelling that he just wants “French fries,” LaBeouf proceeded to call Bernstein a “f***ing idiot,” and a “f***ing racist.”

Legal Fight

Shia LaBeouf Screen Shot ‘Racist’ Rant About Bartender
Source: RadarOnline

In his original lawsuit, Bernstein wrote LaBeouf was “significantly under the influence…He yelled at plaintiff and appeared ready to physically confront him after plaintiff refused to serve him a drink because he appeared to be intoxicated.” He claimed he was holding the Grey Goose bottled to deter the actor as he was “fearful of an imminent attack.”

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Court Victory

Shia LaBeouf Screen Shot ‘Racist’ Rant About Bartender
Source: RadarOnline

“The Appellate Court has agreed to affirm the Trial Court decision regarding a denial of LaBeouf’s motion to strike the complaint,” Bernstein’s attorney Wernik told Radar of the decision allowing the $5million lawsuit to move forward.

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Foul Mouthed

Shia LaBeouf Screen Shot ‘Racist’ Rant About Bartender
Source: RadarOnline

LaBeouf ripped into Bernstein in the video obtained by Radar. “You f***ing racist b**ch,” LaBeouf yelled. “You f***ed up. Hey you f***ed up. Wake up. This motherf****r is racist.”

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Epic Rant

Shia LaBeouf Screen Shot ‘Racist’ Rant About Bartender
Source: RadarOnline

“You’re going to hit me with a Grey Goose bottle?” a slurring LaBeouf said to the bartender, who was heard on the video obtained by Radar saying: “I don’t give a f**k. Get away from me dude.”

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OUT OF CONTROL

Shia LaBeouf Screen Shot ‘Racist’ Rant About Bartender
Source: RadarOnline

LaBeouf screamed at the bartender on the video obtained by Radar. “You’re going to hit me with a Grey Goose bottle? I’m asking you about why you won’t give me French fries?” the actor yelled and the bartender said: “I swear to God, dude I will. I don’t give a f**k.”

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LEGAL MOVE

Shia LaBeouf With Full BeardWalking Down the Street Wearng AirBuds and Yellow Sweatshirt, I
Source: Shutterstock

Wernik told Radar LaBeouf’s attorneys “have to make a decision if they want to appeal to the Supreme Court.”

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