Legal Analysis: Can Joanna Krupa Win Her Defamation Lawsuit Against Brandi Glanville?

Posted on Feb 4 2015 - 11:13am by Stacy Slotnick, Esq.

Brandi_Glanville_And_Joanna_Krupa_LB

The facts of the legal skirmish between former “Real Housewives of Miami,” star Joanna Krupa, and “Real Housewives of Beverly Hills” personality Brandi Glanville are well-documented: Krupa sued Glanville for slander, libel, defamation, and intentional infliction of emotional distress in Miami-Dade County on Jan. 22 after the former Mrs. Eddie Cibrian allegedly defamed Krupa on a November 2013 episode of “Watch What Happens Live.” Krupa seeks at least $15,000 in damages.

The former RHOM star contends Glanville knowingly made a false and malicious statement that she had sexual relations with Mohamed Hadid while Hadid was in an intact marriage to Yolanda Foster. Glanville also said on WWHL that Hadid, father to fashion models Bella and Gigi Hadid, told her that Krupa’s “p—-y smelled.”

Real estate developer Mohamed Hadid and his ex-wife Yolanda Foster, a fixture on RHOBH, have denied the allegations.

Here’s a quick legal refresher course on the tort of defamation, which is a false statement communicated to someone else that injures a person’s reputation or good name. Libel is defamation expressed in print, writings, emails, web pages, or tweets. Slander is words spoken to falsely prejudice another in his/her reputation, community standing, or means of livelihood. 

In Florida, the prima facie elements for a defamation case that must be proved by the plaintiff are:

  • the defendant published a false statement;
  • about the plaintiff;
  • to a third party (somebody other than the person defamed by the statement); and
  • the falsity of the statement caused injury to the plaintiff (damages)

The elements needed to be alleged and proved to establish a cause of action for intentional infliction of emotional distress are: (1) deliberate or reckless infliction of emotional distress; (2) outrageous conduct; (3) the conduct caused the emotional distress; and (4) the distress was severe. The behavior must be “so outrageous in character, and so extreme in degree,” that it is considered “atrocious and utterly intolerable in a civilized community.” 

Krupa’s attorney Raymond J. Rafool sent a cease and desist letter dated Jan. 6 to Glanville demanding a public apology and retraction, and warned a slander suit could be forthcoming. The letter detailed Krupa’s intent to sue if the problem was not corrected and retractions of harmful statements were not made.

First-year law students know that if you do not want to give momentum to false statements, you try to refrain from litigating them. Consider the fact stars frequently abstain from suing gossip magazines for false statements (e.g., Jennifer Aniston has a baker’s dozen of children based on the number of times she has been charged with being pregnant by the tabloids) because the publicity that results from such suits can create a greater audience for the false statements than they previously enjoyed.

Public figures have to weigh defamation lawsuits from a legal, financial, and public perception/reputation perspective. While people who are targeted by lies may be inclined to right a wrong by filing a lawsuit, that is not always a prudent course. It is risky business to get into the defamation lawsuit game, and here are a couple of reasons why:

Even where the statements made by the defendant are entirely false, it may not be possible to prove all of the elements of defamation.  Once you have established to the court that the statement made against you was in fact false, proving that the statement caused some form of injury is challenging. Glanville’s lawyers will argue the false statements in fact elevated Krupa’s status because it brought her more press, which may have provided Krupa with new, moneymaking ventures. Negative press can harm a person, however usually it can be a powerful catalyst for opportunities no matter the source or nature of the exposure.

In Florida, a private figure only has to prove negligence on the part of the defendant in a defamation suit whereas public figures (politicians, professional athletes, and other celebrities) must demonstrate the presence of actual malice with convincing evidence. The classification between public and private figure can be the difference between a victory and a defeat for a defamed plaintiff. 

Florida courts recognize a number of defenses available to defendants in defamation actions, including truth, opinion, and the “substantial truth doctrine.” Under the “substantial truth doctrine,” if the “gist” of the statement at issue is accurate, then that will be enough to defeat a defamation claim for damages.

Relatedly, under U.S. law, in order for a statement to be defamatory, it must be verifiably false. For example, saying someone is boring is not defamatory, because one cannot prove or disprove the quality of being dull. In this case, Glanville’s statement regarding Krupa having an affair with Hadid while he was married can be verified, but body odor allegations from long ago cannot be confirmed. 

I have previously written about the myriad benefits of settlements, however in a defamation lawsuit, settlements, which are often confidential, may leave the public with the wrong impression, i.e., the assertions made by Glanville were in fact true.

Krupa in her complaint asked for a jury trial. That move is questionable in part because some juries tend to give only small damage awards when the plaintiff is a famous individual. Think of this as the “jealous juror effect” in which jurors punish wealthy plaintiffs by awarding paltry damages. Thus, a jury could find in Krupa’s favor and still refuse to award a substantial sum, especially in a defamation case where quantifiable damages can be difficult to ascertain. At that point, some plaintiffs may ask, Was it all worth it? Clearing one’s name in a court of law is significant but so is justifying the expenditure of resources used to sue.

The law of defamation evolved to protect the interest an individual has in his/her own good name. No doubt Joanna Krupa is entitled to that protection like the rest of us. To what extent the law will provide her with a remedy remains to be seen. Should Krupa just let the story die? Does she have a legal leg to stand on? Those are questions I pose to AATT posters. Grab your gavel, join the conversation, and let us know whether you think Krupa’s defamation lawsuit is winnable.

 

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About the Author

Stacy Slotnick, a.k.a. The Foxy Jurist, holds a J.D., cum laude, from Touro Law Center and a B.A., summa cum laude, from the University of Massachusetts Amherst Commonwealth Honors College. Stacy is the recipient of the Honors Deans Award; Simon and Satenig Ermonian Memorial Scholarship; College of Social and Behavioral Sciences Opportunity Scholarship; and College of Humanities and Fine Arts Scholarship. She is also a William F. Field Alumni Scholar, an honor bestowed upon the most academically distinguished students. In law school, Stacy won two CALI Excellence For The Future Awards® and received an Achievement Scholarship. She is a member of the New York Bar. As an entertainment lawyer, Stacy counsels clients on contracts, branding, and public relations strategy. She negotiates with agents, producers, production companies, and lawyers to secure rights to projects on behalf of high-profile clients. Her clever, spirited, no holds barred legal analysis can be found in articles for The Huffington Post. * Facebook
 
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  • All About The Tea

    Attorney, Stacy Slotnick, will be on this thread today at 3:00 pm ET to answer all your legal questions.

  • Brattus Rattus

    I don’t have any questions so I’m just going to put my two cents in. I can see why she’s going forward with it. It’s humiliating. And Brandi needs to be stopped. With all of that being said, I have heard numerous rumors about myself at my workplace. I have slept with countless men! I laugh because it’s not true. I really want to know who these men are that I’ve done because they must reallllly suck in bed if I have no memory of them. For me, I don’t get upset but then again it’s not broadcast for the world to hear that my nana is smelly. I just have guys that said they did me. Meh. I have thick skin. I could care less.

    • Stacy Slotnick

      Thank you so much for your comments, Brattus Rattus. I think you are right that it has been ego deflating to Joanna to have Brandi make these remarks about her private parts and cheating with a married man. Moreover, thank you for sharing your personal story. Workplace bullying and slander/libel should never be tolerated, and it is important to look to the law — when possible for redress.

    • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

      Oh Brattus, if I had a dollar for every dude, some nasty, jealous co-worker said I allegedly slept with, I’d be Bill freakin’ Gates!

  • disqus_jpuxh67QSR

    At what point are there ramifications for Brandi or anyone else making such explosive remarks about someone on a reality show. NeNe sent letters to cease, Brandi is turning into a kenya clone to stay on the show. I thought their contracts did not allow for them to sue each other or Bravo for things said in the context of the show. Brandi does have her pod cast to throw dirt. Brandi does seem to take it to far as she is embroiled in legal drama quite a bit.

    • Stacy Slotnick

      Contestants on reality shows sue for defamation but the networks’ response (and defense) is that in signing their contracts, the parties consented to any reputational injuries. Covenants-not-to-sue are not ironclad or always enforced by the courts.

      • WestCoastFeed

        Thanks for clarifying that, Stacy. So, no matter what is written in the contracts, it is the court that has the final say. And cast member may be dissuaded by waivers but they cannot be prohibited from suing each other? Is that right?

        • Stacy Slotnick

          Exactly! The court gets final say over interpretation of aspects of a contract that may or may not be overbroad, unduly burdensome, or against public policy. Those three are the main defenses for those seeking to void a contract. A network cannot assign away the right to sue of non-conracting parties. Agreements not to sue (between the network and talent only) are becoming a ubiquitous facet of the reality television show paradigm, but that does not mean Bravo can tell Krupa she cannot sue Glanville in a contract.

    • Stacy Slotnick

      Producers have learned that they need very elaborate contracts to protect themselves. There are several common features to reality television contestant: standard warnings about dangers contestants may face along with liability releases; privacy waivers and permission grants for filming any time and place; warnings and releases regarding reputational damage and embarrassing depictions; commitment or exclusivity clauses; and communication limitations. If a clause is found unconscionable, courts may address the solution in a variety of ways, including “red-penciling” out the problematic phrase or clause, voiding the entire contract, or narrowing the meaning of the unconscionable term.

  • MorningYawn

    I hope Joanna calls Kyke and Lisa and Joyce and Kim and Adrienne and Kenya and Leann and Eddie to testify to a pattern. Did I miss anyone?

    • twifan2

      Yolanda-for that crack she made about her 17 yr old daughter being an ‘alcoholic’! Yolanda asked Brandi who was saying that & Brandi just shrugs like to say ‘people’?!

      • MorningYawn

        OHHHH! How could I forget Yo! I don’t even have Lyme brain ! Lol

        • twifan2

          Could be Brandi-Skank-ititis? 😉

          • MorningYawn

            The food or a or airborne type? Lol!

    • Stacy Slotnick

      There are a lot of potentially slanderous remarks to go around in this group. But on a sliding scale of insults, which are actionable? Which comments are highly offensive?

      • twifan2

        Brandi’s remarks about Joanna ‘odorous’ situation would be/should be actionable. Aside from being offensive.
        Joanna’s body is her source of income.

        • Stacy Slotnick

          Very interesting. What do you think about my argument that Joanna’s private part odor will be difficult to prove?

          • twifan2

            IF Joanna has had her yearly Pap test done, there should be those medical records on file with her Gyn.

          • Stacy Slotnick

            But smell is a subjective thing. The medical condition of her “lady parts” surely would be documented but the odor of them may or may not. But you raise a very good point.

          • twifan2

            If there is an odor, it should be documented for the doctor’s own notes. Especially, if there is an ‘indication’ of something wrong or symptoms of a possible problem.

          • Stacy Slotnick

            Absolutely. You make a good point. I can tell you from representing and deposing dozens of medical doctors, they do not all a good witness make. The doctor would have to testify clearly and convincingly about the odor from years ago, if it is indeed documented. If I were Brandi’s counsel, I would pounce on the fact that smell is subject and how could a doctor remember an odor from X number of years ago. If I was a betting woman, I’d say the documentation plus testimony would be a long-shot regarding the smelly lady parts comment.

          • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

            Ha-ha! You stated it so eloquently Stacy. I was gonna ask how can you prove an odor? Or a malodor for that matter. LOL! One persons trash is another’s… well you get the idea.

          • Stacy Slotnick

            Exactly, Tigerlily! If a statement can be proven as true or false, such as an affair, it may be actionable. If a statement is an opinion, like the smell of something, it is not a statement and therefore probably not actionable. Moreover, smell is not the same for everyone. What is pungent to me could be totally innocuous to you.

          • twifan2

            With mal-practice suits coming from all over the place, doctors will ‘cya’ with notes galore. Especially in specialize fields as Gynecology.

          • RoundAbout

            Brandi said Mohamed told her that Joanna smelled. Is the question really whether her parts smell or is it that Brandi said Mohamed said they did? If it’s the latter, Brandi is already sunk because Mohamed and Lisa Vanderpump said that conversation never took place. I think it’s safe to assume they will offer that as their testimony in this suit. When Brandi made the declaration on WWHL, she swore Lisa V was present when Mohamed confided this to her.

          • Stacy Slotnick

            Joanna is suing Brandi for defamatory remarks, aka remarks that are false. If Joanna’s lady parts do indeed “smell,” and Brandi publicized that on Bravo then Joanna does not have a viable defamation claim. Truth is a defense to slander and libel.

            Of course, as you correctly point out, Mohammed and Lisa will likely be called to testify. Whether they will go willingly is another story, especially if Mohammed did have an affair with Joanna.

          • twifan2

            But what may seem as a bad odor to someone, maybe a sweet odor to another.

          • Stacy Slotnick

            I will concede that even if Brandi made these remarks about Joanna’s privates to be humorous or sarcastic, comments that include humor, satire, sarcasm, etc. that make fun of people can still be defamatory, but they may be harder to prove and a jury will not be as sympathetic if the statement was obviously a joke.

          • twifan2

            That’s where Brandi could lose big time, if she does her pout-y, giggly face & says “It was just a joke.”

          • Bad Barbie

            Let’s be realistic. I can see Lisa denying it because of the state of her relationship with Brandi and I can see Mo being a twat and really saying this even if it was a joke.

          • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

            I agree BB. 100%!

          • Stacy Slotnick

            Exactly. Attorneys always try and show bias for why a witness might testify to particular facts that are not buttressed by the evidence. Do you think these two highly respected business people would color their testimony in this case?

          • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

            Absolutely. If it goes against Brandi, then hell yes!

          • RoundAbout

            I can’t see both of them willing to risk perjury charges just to get back at Brandi. Brandi said this conversation occurred at a dinner party, therefore it is entirely possible someone else who Brandi has not named yet heard the exchange. If the actual event transpired as Brandi has relayed it, Lisa and Mohamed have no way of positively knowing if it was heard by another party or not.

          • Stacy Slotnick

            I agree wholeheartedly. I think Lisa and Mohammed will be transparent if called to testify.

      • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

        Ita Stacy. & said as much above. They all talk smack about one another all the time. Joanna is no saint & has herself said many defamatory things against her Miami co-stars. So why this? Why now? Only reason I can see is, cause it’s Brandi.

        • Stacy Slotnick

          She could have filed this lawsuit because she has a viable claim or to stay relevant. As I indicate above, usually defamation lawsuits have the counter-effect that a plaintiff wants, as defamation suits are covered by the media and allow the media to report the allegedly false statements as well as repeat them. Ah, thanks First Amendment!

        • Bad Barbie

          This is true. Joanna has ran her mouth about the Miami group.

  • I hope Joanna wins and Brandi has to issue a public apology to Joanna.

    • Stacy Slotnick

      Do you think both statements (the one about Krupa’s private parts AND her alleged affair with Mohammed) are both actionable? I make the case above that I think the former statement might not be defamation. What say you?

    • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

      Technically. Brandi already has. It’s just that didn’t get as much press as the stanky va-jay-jay comment did.

      • twifan2

        Really? Where? I haven’t seen it.

        • Stacy Slotnick

          Yes! Please reproduce Brandi’s apology if possible here.

        • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

          It was on her twitter I think. Trying to remember where I saw it. Give me a few & I’ll see if I can find it.

          • twifan2

            Thx 🙂

          • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

            Here ya go. Can’t find the original tweet but this is what Brandi posted.
            “@joannakrupa I’m SORRY I’m sure you smell as beautiful as you look! I won’t joke about it again.”

          • Stacy Slotnick

            Wow. Thanks Tigerlily! Maybe Brandi was doing that thing where she makes ridiculous claims and then smiles and says, “I was just joking.” Too bad for Brandi courts have found humor, ridicule, and sarcasm to be potentially defamatory statements of fact.

          • twifan2

            That’s what I think Brandi did too, Stacy.
            Pout, smirk, keep on with antics.
            smh :/

          • twifan2

            When was this posted, T?
            Do you know, remember?

          • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

            Almost positive it was the day after Brandi appeared on WWHL when she stated Andy/Bravo told her to read the card that had the stupid sushi comment on it.

          • cait

            Read it properly and see that she’s insulted Joanna AGAIN !

          • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

            They all spend the entire show insulting each other & throwing jabs at each other. I think Joanna is mad at Brandi & wants to shut her up, but imho, she is going about it all wrong. This just perpetuates the rumor. If she said nothing then, like all foul odors, it would have dissipated by now. But instead everyone is talking about Joanna’s alleged stinky snatch.
            Sorry Cait, just couldn’t resist the double entendres. LOL!

          • Stacy Slotnick

            You described very well the culture of reality television. When that culture becomes illegal and/or actionable is another story.

      • Hi Tiger!! The problem is what Brandi said is so HORRIBLE it will brand Joanna for the rest of her life. That’s the worse thing you can say about a woman and unfortunately the public will forever associate Joanna and that vile comment.

        • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

          I don’t see it that way. I think by Joanna going after Brandi, it gives it more credibility & makes it nearly impossible to forget. Which is the exact opposite response Joanna wants. Most HW fans know Brandi is a trash talker. They take it from where it comes. It’s a bogus lawsuit from a bogus woman who is calling the kettle black. Jmho.

          • Stacy Slotnick

            Yes! You definitely read my piece above. 🙂 It is an ironic truth that bringing a defamation lawsuit gives further publicity to the false statements that started it.

          • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

            Stacy, the second time Brandi “went there” & made that remark about Joanna & the sushi comment. Brandi claims that the writers at WWHL/Bravo told her to read what was written on the card. If that’s true then why isn’t Joanna suing WWHL & Bravo also? Doesn’t that look shady to the courts that Joanna would ONLY pursue Brandi & not Bravo/Andy/WWHL?

          • Stacy Slotnick

            The reason Joanna isn’t suing Bravo is that Bravo did not make the statement. If the statement was written on a cue card, it was not shown to the live audience or broadcast. It was thus not published. Brandi is solely responsible for publishing that statement unless she was under duress by Bravo.

          • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

            Can’t Brandi claim the same that it was in her contract & she was told to read that card on air?

          • Stacy Slotnick

            If she was under contract to read and say certain things, then yes. But Bravo would probably claim in those circumstances that she had a choice to read a cue card because her contract only said she had to perform at certain publicity engagements, aka WWHL.

          • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

            Okay. Thanks Stacy. You are so helpful to us here. Really appreciate it!

          • Stacy Slotnick

            You are extremely welcome. Glad I could help. Thank you for your fantastic posts today!

          • Stacy Slotnick

            From a strategic standpoint, it wouldn’t make sense for Joanna to sue her employer/former employer who could provide her with meaningful employment in the future. She also might not want to get the reputation in the entertainment business she is in that she goes after networks and producers.

  • twifan2

    Joanna seeks $15,000 in damages? That seems low-imo. Will she also include attorney fees, court cost, etc…?

    • cait

      You also have to pay your own, and the plaintiff’s legal costs !

      • twifan2

        Do you mean that Brandi would pay for Joanna’s legal costs + her own, cait?
        🙂 SWEET!

        • cait

          I’m sure your system is the same. The plaintiff, when wins, should not be out of pocket ! Also, some courts recoup court costs ! JUSTICE for JOANNA !

          • twifan2

            Yep. 🙂
            On another thread, someone posted that Brandi tweeted something about Kyle’s husband-Mauricio-being sued by his ‘mistress’. BUT that Brandi deleted the post later. Wonder if she realized that Kyle would bring a lawsuit against her too?! :/

          • Stacy Slotnick

            Thanks Cait! Love the alliteration in your slogan. What is the nail in Brandi’s coffin, in your opinion?

          • cait

            If Mo and Lisa testify that the conversation did not take place, then the tape of her, spewing this filth, would sew this up, once and for all !

          • Stacy Slotnick

            After that, its a hop, skip, and a jump to calculating actual, assumed, and punitive damages. Leave the accountants the tough stuff, right? Usually, plaintiffs will engage an expert in economics to perform an economic damage analysis. With respect to losses to the plaintiff’s business or profession, the damages suffered are usually measured by the difference in the plaintiff’s actual earnings from the plaintiff’s projected earnings, but for the defendant’s actions.

          • cait

            I’m sure Tree Gee would point them in the right direction ! Heh Heh ! But I think the number would be $?m !

          • Stacy Slotnick

            Yes! Tre’s demand for millions against James Kridel might as well have been $50 million. If Teresa were counseling Krupa, she would tell Krupa to ask for $100 million dollars. Ah, the numbers game.

          • cait

            Yup ! living on a small pension, it makes me laugh when big, multi-million “stars” become bankrupt because they can’t be bothered paying taxes and bills ! Soon as it’s over, they’re back to the same life-style !

          • Stacy Slotnick

            Exactly. Reality TV personalities who are successful either had tremendous success before or learned the tools of the trade to parlay fame into business endeavors. Do you think that statement applies to TG? Hmmm….

          • cait

            She bragged on about businesses she was going to start, usually off someone else’s idea ! When Kathy said she would like to open some form of catering estab, she jumped in with “We’re opening a restaurant !” They couldn’t even keep that scruffy little pizza place afloat ! Then the books sold a fair few to begin with, and dwindled down to single figures, soon after ! All her supposed ventures are “pie in the sky”
            Other characters like Jill, Vicky, Tamra, Bethenny and several others, either had viable businesses or created them on the back of the show ! Smart move ! and smarts are what this “lady” is short of !

          • Stacy Slotnick

            Well said, Cait. If you are smart and surround yourself with good people, these reality shows offer a world of lucrative business opportunities for talent. Then, the idea is not to squander the opportunity by defaming others and/or getting into legal trouble.

          • cait

            It’s like I see on agony chat shows. A couple can’t believe their luck finding each other, then assume the other one has an ulterior motive ! Then the unwarranted heartache begins ! These later women are more interested their 15 mins of fame than using it to build future!

          • Stacy Slotnick

            Great point. Now something like a defamation lawsuit gives Joanna a talking point and perhaps more interest for a deal from book publishers or producers, but the flip side of that coin is the publicity from the defamation lawsuit is actually positive. Therefore, proving damages could be tricky if she secures new deals.

        • Stacy Slotnick

          Defamation cases can be very expensive because they are very fact-driven. Thus, a lot of time and money will be spent taking depositions and interrogatories. In some jurisdictions, if Krupa prevails, Brandi would have to pay her attorney fees.

          • twifan2

            About when do you think this case will go to trial-if it goes that far, Stacy?

          • Stacy Slotnick

            I do not know how busy Miami-Dad’s civil calendar is, but I would say if we see a trial decide the truth/falsity of these statements, it would likely be in 2016. Remember, all witnesses have to be deposed and there will be motion practice (answer, motion to dismiss, discovery motions, etc.). I know, for example, the Civil Court NY County is scheduling trials through 2016 now, and I can’t imagine the caseload in Miami being altogether different from NY.

    • Stacy Slotnick

      I thought that too — at first. But upon further reflection, I think it is a strategic move to show the court this is not, well, a Teresa Giudice legal malpractice claim in which damages are astronomical and unjustifiable. Krupa smartly asked the court to award a minimal amount, but remember, generally, there are three types of damages in a defamation case: (1) actual damages, (2) assumed damages, and (3) punitive damages. Punitive damages can be exorbitant and over and above the actual damages. (Punitive damages are damages designed to punish the defendant for particularly egregious conduct and to deter such conduct in the future. To obtain punitive damages, the plaintiff usually needs to show that the defendant acted with malice or fraud.)

  • Trippinhhard

    I hope JoAnn wins this lawsuit, Big mouth Brandi is out of control, someone needs to stop this nasty lips of her from stop talking..

    • Stacy Slotnick

      She has been relatively quiet on the Krupa lawsuit front. Do you think Joanna’s legal strategy is working or is Brandi staying mum because her lawyers instructed her to?

      • Trippinhhard

        I think she has other to talk trash about, but something needs to be done with her mouth..she talks too much and she always telling someone’s secret or personal business..
        Also thank you Stacy, you give us the tea according to the LAW, and I love it, it’s the only thing left.

        • Stacy Slotnick

          You are very welcome, Trippinhhard. I thank you for your comments, and I am delighted you liked the legally-minded blog above! Can I register that fabulous statement, “You Give Us The Tea According To The Law. It’s The Only Thing Left.” Beautifully expressed. I agree wholeheartedly. The law is not perfect, but it creates boundaries and guidelines as to how we can organize our lives in an appropriate way.

          • Trippinhhard

            Stacy, it’s all yours, you’re the sexy lawyer, so just maybe you could use it, in one of your cases..

          • twifan2

            I hope she uses it against Tre! 🙂

          • Stacy Slotnick

            I could wrote pungent poetry using that expression in regard to TG. 🙂

          • Trippinhhard

            Too late for that dumb low head fool, she’s where she belongs, behind bars, but not long enough

          • twifan2

            Well, Milania did see her shadow Monday. That means 6 more weeks of prison for Tre! So, it may still be used on her! 🙂

          • Trippinhhard

            That’s fine anything to keep her in her new luxury home..
            OT:: the weather is horrible here..

          • twifan2

            Sorry to hear that, Trippin. 🙁
            It was sunny, but cold here today. Tonite we start with the sleet, snow flurries. 🙁

          • Trippinhhard

            It’s only snowed here 5 times in my life. LOL
            but it’s wet and cold

          • Stacy Slotnick

            You are too funny! The expression is going in my AATT yellow legal pad in which I generate topics for AATT. I will most definitely use the witty expression in a future blog!

          • Trippinhhard

            Thank you for your time and expert answers, it’s really exciting.. I love the law, have two lawyers in my family… They use my slang in summation sometimes.. lol

          • Stacy Slotnick

            You are very welcome. I can tell you have a passion for all things law-related, and that is wonderful. Keep the fantastic slogans coming!

  • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

    Something is rotten in the state of Florida, err, Denmark. I mean Denmark! LOL!

    Way to give a stupid rumor legs Hoanna. Imho, you should have just kept quiet & let Brandi self-destruct like she always does.
    Brandi, take a seat, stfu & stop with the shock & awe campaign already. It’s quite tiring.

    • twifan2

      Don’t agree with you, T.
      Brandi needs to take responsibility for her actions, words. She thinks she can get away with her shock campaign. She’ll continue with it as long as Bravo, NBC keep getting the $$$ out of her. But, once she’s taken to court I wonder where they’ll be?! :/

      • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

        Oh I agree Brandi needs to be accountable for what comes out of her mouth & you’re right this may be the way she finally “gets it”. That she just can’t say whatever comes to mind. But at the same token, they all talk chit about each other. Constantly. Incessantly. Hoanna is no better than Brandi. She has played just as dirty. So… Why add fuel to the fire? Because Hoanna needs & wants to be back on camera, (on her terms, not Andy’s.) At least that’s my thinking.

    • DLister

      You were right the first time, this is all about the fact that something IS rotten in the state of Florida, Krupa’s crotch.

      • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

        ROTFLMBO! Thanks D.

  • RoundAbout

    My own personal take on this is Joanna is attempting to pull a Carol Burnett vs The National Enquirer here. Prior to Ms Burnett suing the Enquirer, the tabloids printed anything sordid and malicious about celebrities they could dream up. When they published their story of Carol appearing in a restaurant, falling down drunk, for a dinner attended by Henry Kissenger, she filed suit and won. The tabloids were then forced to become a little more responsible when reporting their celebrity gossip.

    Today we have these Housewives franchises in several cities and Bravo has made a couple bucks off of the wives throwing shade at one another. We all realize that some wives have stretched and/or embellished certain stories just to one-up and embarrass a rival. But Brandi definitely crosses the line by spouting off wild accusations against her perceived enemies. She swore that Lisa and Ken had once lived in the Valley and had filed for bankruptcy, then when cornered, swore it was something Kyle had told her. The bankruptcy allegations could have damaged Lisa’s and Ken’s businesses because as restaurant developers, they do seek investors when starting a new project. Investors will disappear when any hint of financial problems arise. Lisa and Ken did not pursue a case against Brandi and chose to let this die a natural death. Bravo just sat back and watched it happen, with no recriminations for Brandi.

    Obviously Joanna has decided that it is past time for Brandi and her “truth cannon” to be exposed as the fraud it truly is. Brandi hung herself when she swore on WWHL that Mohamed had said this in the presence of both her and Lisa Vanderpump. Both Lisa and Mohamed have steadfastly denied this conversation ever taking place. Joanna also gave Brandi a period to publicly apologize and retract her statements, but Brandi’s response was basically a loud Bring It!

    Brandi definitely needs to be muzzled and while not a fan of Joanna, I do have to say I admire her for daring to meet this situation head on instead of just letting it go. Brandi will never stop until she experiences the consequences of her alligator mouth writing checks her hummingbird butt just can’t cash.

    • twifan2

      ITA with what you posted. 🙂
      Brandi needs to ‘take responsibility’ for her words. It’s as if she thinks Bravo, NBC will back her up.
      Think again Brandi! They’ll just use you! 😀

  • Dave

    Does Joanna have a leg to stand in this suit?

    • Stacy Slotnick

      I love it! Let’s get right to it, Dave. I think the odor comment will be very difficult to prove as defamation because smell is subjective and arguably an opinion, which is usually not actionable. However, if Krupa can demonstrate through evidence and/or Mohammed’s testimony that the two did not have an affair while Mohammed was married to Yolanda, I think the court will award Krupa damages. What do you think after reading the piece above?

      • Rochelle Barozzi

        I was just going to ask that, Mo had denied the affair (on twitter also) and denied ever saying that to Brandi. That would add more to the suit right?

        • Stacy Slotnick

          Absolutely Rochelle. Thanks for joining us! Joanna’s lawsuit, especially with regard to the alleged affair, gets stronger if he has already denied Brandi’s statements.

          • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

            Of course he’s gonna deny it. He’s a dude! Deny, deny, deny till ya die!

          • Stacy Slotnick

            True, save for the fact that he will be under oath and if there are emails, letters, witnesses, etc. that saw Krupa and Hadid have an affair, he could be charged with perjury. I think he will most definitely want to avoid that by telling the truth. Moreover, him and Yolanda are divorced, and she probably knows whether Krupa and her then-husband had an affair. It doesn’t behoove him to lie.

  • Bad Barbie

    The only reason why anyone is talking and giving Joanna press is for this story, other than that nobody would be talking about her… She is the one keeping the story alive.

    • Stacy Slotnick

      I have to hope that her attorneys filed suit because they believe she has a good faith basis for it.

  • cait

    When I left my marriage, 19 years ago, my Housing Officer came to visit and told me she had numerous complaints about me ! Shocked at first, then I saw the HO was smiling and said it was my next door neighbour, who complained about everyone in the area ! She said I was a prostitute as she had seen several men, coming and going to my door ! I told the HO that was why I had 2 gates at the front so the guys wouldn’t bump into each other !
    The “Johns” were my 2 sons, 2 nephews and my brother ! Funny my female “friends” steered clear as they assumed I’d be after their sig. other ! My ex had spread that I was a slut ! Don’t you love Catholic values !

    • Rochelle Barozzi

      I don’t think it has anything to do with Catholic values, as that isn’t it. It has to do with him being a complete asshole. Just sayin LOL

      • Trippinhhard

        Thank you and he was a complete asshole with a long tail..

      • cait

        These women had been friends of mine for nearly 20yrs (not the hubby, as he was quite obnoxious to them) yet they dumped me, on his say so ! If I’d known my friends, of many years, would treat me this way, I would have Shocked them Till it Dropped them with the lies they were happy to believe !

    • cait

      Oh gosh, just realised I’d called my Housing Officer a HO !

  • DLister

    Why does this story always make me hear “That Smell” by Lynyrd Skynyrd?

    Also — I think it’s comical that Krupa’s lawyer’s name is Rafool. His surname’s second syllable is “Fool.” I don’t know if I would want to be represented by a fool.

    • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

      Ha-ha! Like Dr. Kill or Dr. Pepper.
      Or Judge Schmuck. LMBO!
      & yes those are real names.

  • cait

    The lying witch’s so called apology was another insult ! You smell as beautiful as you look ! Which could mean “Jeez, you’re ugly, so I can only imagine how you smell !

    • Stacy Slotnick

      Absolutely. Well said. If Brandi made negative comments about Joanna’s looks, a court could interpret the “apology” to be another defamatory or false statement regarding her looks, but just like odor, looks are somewhat subjective. Leonardo DiCaprio is handsome to me, but to you he might be chopped liver.

      • twifan2

        Wouldn’t it be up to Brandi to prove that Joanna does have smelly private parts?

        • cait

          I thought that in slander cases the onus was on the plaintiff to prove the case, but there’s a lesser degree of proof than crim cases !

          • Stacy Slotnick

            Yes, in a thread somewhere here I describe how the plaintiff has the burden of proving that the defamatory statement was false.

        • Stacy Slotnick

          Actually, no. Since the plaintiff has the burden of proof in defamation cases, Joanna must show that the statement was false, i.e., that she does not have smelly lady parts. The plaintiff has to prove the absence of a fact. Great question! The plaintiff must establish by a preponderance of the evidence that the defendant’s statements were false, and that the defendant knew or reasonably should have known them to be false at the time the statements were made.

          • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

            Okay I am rolling here!
            “Joanna must show that the statement was false, i.e., that she does not have smelly lady parts.”
            I am crying so hard I can barely see to type! FOTFLOLPIMP’s!

          • Stacy Slotnick

            They say all lawyers are struggling actors or comedians. 🙂 So glad I could brighten your day! The law usually does not have a sense of humor but in this case it really, truly does!! Please do not repeat my statement above, true as it may be, at the dining room table tonight during dinner. Your family will be like, “What did you learn on AATT today?”

          • twifan2

            Will there be fish served tonite? 😉

          • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

            Okay, probably gonna get slammed for this one but as usual I can’t hold back. So here goes…

            What did the blind man say as he passed the fishmarket?

            “Good morning Joanna!”

          • twifan2

            Joanna sending her lawyer after youses, T! 😀

            http://i.imgur.com/F3TOU.jpg

          • twifan2
          • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

            Callie!
            You were saying???

          • Stacy Slotnick

            Definitely not after this discussion. 🙂 We’re having gluten-free pizza with seasoned broccoli. Yum. You?

          • twifan2

            I’m having a stuffed chicken breast with a spinach salad. 🙂

          • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

            “The law usually does not have a sense of humor ”

            But does the law have a sense of smell Stacy? LMBO!

          • Stacy Slotnick

            Oh my goodness! You are on a roll tonight.

          • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

            Aww, thanks Stacy, but when it comes to lewd, crude & outrageous? I’m your gal, LOL!

          • twifan2

            Well since justice is blind, then the law should have a keen sense of smell. 😉

          • ♥♥♥ Tigerlily ·.¸¸.·*¨·.·.¸¸.

            Whoa poor Lady Justice.

            Hey Twi? Does this smell like fish to you?

          • RonnieIsBack

            *Dead*

          • RoundAbout

            So you think the judge will be banging the gavel, yelling, “Odor in the court! Odor in the court!!?? 😉

          • Stacy Slotnick

            You guys are very creative. You would be extremely successful in the advertising biz. Your play on words is stellar.

          • twifan2
          • Stacy Slotnick

            Very cute and charming. I actually have a pin that I hung from a bookshelf in my office that says, “I love lawyers.” It isn’t as inventive or unique as the kitty cat above but we all show our love in one way shape or form. 🙂

          • twifan2

            “The plaintiff must establish by a preponderance of the evidence that the defendant’s statements were false’ <—By Brandi getting Hadid to swear under oath that he said that to Brandi? Good luck with that Brandi!

          • Stacy Slotnick

            She could establish their falsity by asking Mohammed if they had an affair. If he says no and there is evidence to buttress that claim, then Joanna will be successful.

          • JasperTheCat

            Isn’t the allegation that Hadid SAID she had smelly lady parts? If so, just call him to testify that he never said it.

            ETA: These people are ALL nuts.

          • Stacy Slotnick

            Brandi “published” the statement about Joanna’s smelly lady parts, meaning she communicated it to a third party. “Published” doesn’t mean that the statement was printed in a book — it just needs to have been made public through television, radio, speeches, gossip, or even loud conversation. Hadid, on the other hand, is denying he said it to Brandi thus if Joanna sued Hadid for making the statement, she would unlikely prevail because publication cannot be proven, and that is a central element to a defamation claim.

            P.S. I like the simplicity of your ETA. 🙂

        • Stacy Slotnick

          Moreover, because Joanna is a public figure, she must prove an additional element: That the statement was made with “actual malice”. “Actual malice” means that Brandi knew the statement to be false, or issued the statement with reckless disregard as to its truth.

        • RonnieIsBack

          Nope…

      • cait

        I DO like lamb’s liver ! See, I think Andy C is gorgeous looking, and I do like him ! but everyone else seems to hate him and some make disparaging comments about him being gay ! OUT of order !

        • Stacy Slotnick

          Derogatory remarks based on a person’s sexual orientation is indeed out of order. Andy is somewhat polarizing but how could he not be? He is in the limelight and shares his opinion.

    • Stacy Slotnick

      Speaking of her looks, Krupa debuted a “dramatic” new look today as she chopped off her long locks. It is more grown-up looking and business savvy, which will help her come across favorably in court.

  • Rochelle Barozzi

    Personally, I would let it go. It was a stupid and ignorant statement. Now, this is just personally, after all that Brandi has done…and the hurt she has inflicted with her mouth, that part of me thinks, “good, someone is standing up to her.” She needs to learn that she needs to shut it. I am all for freedom of speech, Brandi has every right to show her real self with that mouth. Because you can say it, doesn’t mean you should. I just do not see how Krupka will be able to prove that she has ie: Lost jobs etc because of Brandi’s mouth.

    • Stacy Slotnick

      Thanks so much for your comments, Rochelle. It seems like you chock Brandi’s statements up to someone who is stupid and foolish. I think that if Joanna is awarded a monetary judgment, Brandi may learn that she has to filter herself as her statements have legal consequences.

      You are correct that defamation damages are notoriously difficult to quantify. A plaintiff in a defamation case is entitled to receive damages for any lost earnings, future lost earning capacity, and other lost business or economic opportunities that he/she suffered or is likely to suffer as a result of the defamatory statement. There are no guidelines for determining the value of mental pain and suffering, humiliation, and lost reputation.

      • Rochelle Barozzi

        Hopefully, Joanna is doing this to make a point to Brandi. And isn’t really in it for the money, just the point. I think by setting a low amount, that shows it.

        • Stacy Slotnick

          I agree. I think you make an excellent point. She might also be trying to curry favor with the court for down the line when she argues for a large punitive damage award, which can be higher than the actual damage figure.

  • Sadie Marie

    One would have to presume Plaintiff has a good reputation to begin with….

    • Stacy Slotnick

      Interesting issue you raise, Sadie Marie. People have the right to sue for defamation if they can prove another person damaged their reputation or good name with false information. The law not only tries to protect a person’s reputation or good name, it also tries to protect their livelihood against damage by false claims.

  • Trippinhhard

    OT:: does anyone on here watch Empire, I would like to discuss the dynamics of these characters..
    This show is good.

    • RonnieIsBack

      Hey TH…I watch it and I am so dayum glad they got rid of that phuckin perm in Terreance Howardc’s head.
      Real Talk the son, Jussie (the middle fine azz child) can SING HIS AZZ OFF!
      Love this show!
      Cookie is a muthaphuka

      • Trippinhhard

        I know Jamal can sing— I don’t like all that rap music, but I love R&B. He’s cuter anyway..
        That oldest son is crazy as a bat, very cunning.
        I like Cookie

        • RonnieIsBack

          I love Jamal…the Surmetts (sp) are a talented family…remember his little sister who was on Full House, and grew up to be in Eve’s Bayou and then Tyler Perry’s movie Temptation? Love that family. They used to have their own show call All Of Us or something like that…

          • Trippinhhard

            I didn’t know that was his sister, she’s a good actress.. Thanks for the information and I never saw Jamal on anything before.. That doesn’t mean shit because I don’t know about a lot of shows on tv.

          • RonnieIsBack

            Yup that is his babysis…their dad past away during the premier of Empire. He had everything on his twitter feed. Nice family.

          • Trippinhhard

            They have talent, and that’s good they have each other, in the same business, but Jamal can sing.. (To me atleast) lol

      • Trippinhhard

        You are right about that slick back hair, his natural hair llooks sexy to me..
        Although I lnow in real life Terrance is a nasty mean freak.. I hope this show changes his attitude, since this show is getting mega ratings..

  • Jennymckitty

    I wonder if Joanna is paying her lawyer at all. He has made certain that he is getting a lot of publicity out of this. Brandi, however, has told us all how much her lawyer charges by the hour. How many billable hours has already been accrued and how many more if they actually file suit? Even if Joanna loses, making Brandi sweat this out may be victory enough for her.

    • Stacy Slotnick

      Great points. Defamation cases can be taken on a contingency arrangement, hourly basis, and sometimes even a hybrid of a lower contingency fee and a lower hourly rate. It all depends on the facts of the case and what the client can afford. It also depends on the law firm’s culture as you may well know many law firms have billable hour requirements.

      • RonnieIsBack

        Correct. Brandi is paying monthly bc her azz is always on the defense side due to her own mistakes. Defense firms are billible (my employer) and they make the big bucks and usually cost the most due to their clientale…we get our money upfront (montly at .6 increments) so we don’t have to wait for a verdict to make money, unlike plaintiff’s firms.
        JoAnn is being billed as Stacy mentioned. I am sure she is getting a bill monthly re costs, but not for fees..that will come at the end….so she isn’t hurting at this point.
        If she knows the lawyers personally or if he is a friend..he is probably doing it at cost. I have prepare numerous docs for friends (and especially phuckin family) for free and just have them cover the filing costs…..(no UPL just procedural…”disclaimer” 😉
        **No I am not an attorney, but I am a Certified Civil Litigation Paralegal with 26 years experience (degreed and cerfified).
        Didn’t go to lawschool bc of my insecure azz ex-husband, to piss off my mother, and because I thought as a paralegal I would have a life (and they make just as much as some Associates depneding on the lawfirm).
        I still have no life…..my mom is still an albatross around my neck although I love her dearly btw and I divorced the d$ck…
        The Irony of it all…lol

        • Stacy Slotnick

          Thank you, RonnieIsBack, for your insightful remarks about attorney fees as well as relaying to posters here your personal experiences as a paralegal!

          • RonnieIsBack

            Hey it’s a dirty job..somebody has to do it LOL…

  • RonnieIsBack

    Joann has a good case…Brandi has shown time and time and again that she spews out lies for the fun of it (i.e. Maurico doesn’t want you Kyle) without FACTS to back it up…on NATIONAL TELEVISION – defamation, slander, and hell libel – due to the audience reached …..mala in se and the bish knows it.
    The bish is going down or at least getting a gag order on that big fat silicone injected mouth.
    #GetHerJoAnna

    • cait

      #TEAM JOANNA !

    • Stacy Slotnick

      Thanks for the comments, RonnieIsBack. Most definitely Joanna will have to prove as the plaintiff in the case that Brandi did indeed publish false statements about her affair and her private parts.

  • C.R.

    Brandi did apologize. Here’s the proof:

    Brandi Glanville: @joannakrupa I’m SORRY I’m sure you smell as beautiful as you look! I won’t joke about it again

    Retweets 37
    Favorites 121
    10:51 AM – 21 Dec 2014

    • Stacy Slotnick

      Thanks C.R. for posting the tweet! What do you make of its contents?

  • Sadie Marie

    Joanna would love to be back on tv. Going after Brandi gets her much-needed attention. I’d love to know why Joanna isn’t going after Joe Francis and others who have outted her previous careers.

    • MissTruth Hurts

      Cun.t….How the FAWK do you know what ANYONE wants? Please STFU.

      No mention of how trashy it is for a grown azz woman to even “go there” talking about sleeping with someones husband & the things he said about her. Brandi is a raw sewage and so are YOU for defending her.

  • Tanya

    Doesn’t Brandi just have to prove that she heard Mohammed say that Joana’s pussy smelled, and not whether her pussy did in fact smell?