Law & Order

DeNiro, Pacino team up in lawsuit

Actors Robert De Niro and Al Pacino are teaming up in a lawsuit against a movie distributor and a watch company they say used their likenesses without permission. De Niro and Pacino said in the lawsuit filed in U.S. District Court in Manhattan Wednesday that they never authorized a commercial tie-in between Tutima watches and the movie "Righteous Kill." They sought unspecified damages. The actors recently starred in the movie distributed by Overture Films LLC. The lawsuit names Overture and Tutima USA Inc. as defendants. In a statement, Overture said: "We are surprised by this action as Overture Films has not received any communication on this matter for months from Pacino, De Niro or their representatives. We take lawsuits very seriously and our legal team is addressing the issue." Tutima did not immediately return a telephone message seeking comment. The lawsuit said Overture entered into a commercial tie-in with Tutima and advertised Tutima's watches using De Niro's and Pacino's names, voices and likenesses without their consent. "Had their permission been sought, both De Niro and Pacino would have flatly refused to consent to the use of their names, voices and/or likenesses in connection with the tie-in," the lawsuit said. It said De Niro has only commercially endorsed a product or service in the United States under very "specific and compelling circumstances." It said Pacino in his career has never commercially endorsed any product or service in the United States.

 

'Real Housewives' Star Arrested for Assault

What would Kelly Killoren Bensimon's co-stars on the 'Real Housewives of New York City' say? Bensimon was arrested for allegedly hitting her boyfriend, Nicholas Stefanov, last week, the New York Daily News reports. Stefanov, 30, claims his 40-year-old girlfriend punched him. According to the police report, he said that she hit him "with a closed fist, thereby causing informant to suffer a laceration below informant's left eye and substantial pain." Bensimon, who is on her first season of the Bravo reality show, turned herself over to police, but says she's innocent. "The allegations are by a jilted lover saying she struck him during the course of an argument. We deny the charges, and we are hopeful this will be resolved," her lawyer said.

 

CA Attorney General Speaks on Anna Nicole Drug Charges

California Attorney General Jerry Brown announced details in the Anna Nicole Smith drug charge case in a press conference only hours ago. Just last night, Anna's former companion Howard K. Stern and two doctors were accused of conspiracy to furnish Smith with drugs before she died in 2007 of an accidental overdose of a combination of prescription drugs. Brown said that he believed that Stern and the doctors were caught up in Anna Nicole's celebrity and mentioned the "psychic gain" of being with her -- the promise of glitz and celebrity. When asked by a reporter if Brown considers Stern and the two doctors responsible for Anna Nicole's death, he responded that he can currently only say that they are responsible for the charges that have been filed, but that he's "not excluding anything" for the future. According to Brown, the case is more far reaching than this one incident. "Prescription drugs...are becoming an even greater threat," he said. "The abuse in this case is serious, unfortunately it's not that unusual." "Generally speaking, people think those drug dealers on the street corner are the only threat," he added. "This is one in a series of efforts to crack down on doctors." As to the specifics of this case, he believes that those charged were "prescribing drugs excessively to a known addict, using false and fictitious names." He also states that "this was done knowingly ... with tragic consequences."

 

Arrest Warrant Issued for Lindsay Lohan

The Beverly Hills Superior Court issued an arrest warrant for Lindsay Lohan Friday stemming from her 2007 DUI and hit-and-run case, the Beverly Hills police confirm. Lohan is currently serving a three-year probation term for her second DUI conviction. "A warrant was in fact issued Friday for the arrest of Lindsay Lohan," a police statement read. "The circumstances leading to the issuance by the court are not readily available at this time. It is our hope that Ms. Lohan will surrender herself so this matter can be resolved in at timely manner." Lohan was spotted Friday night at the Chateau Marmont with friends. Attempts to locate her lawyer and reach her PR rep have so far been unsuccessful. Will She Surrender? According to Michael Rosenstein, an L.A. criminal defense attorney not involved in the case, an arrest warrant would not have been issued "for anything as small as failing to report an address change to the court [or] failing to complete a DUI class." By turning herself in, Rosenstein says, Lohan could avoid being handcuffed and forcibly taken to a police station if she is spotted out and about, but the warrant specifies no obligation with regard to timing. Lohan can turn herself in to any police station in L.A. County.

 

Tom Sizemore Investigated for Theft

Repeat law-breaker Tom Sizemore is under investigation for a theft at a Los Angeles-area Verizon Wireless store. TMZ broke the story of a heist caught on security cameras, with two men stealing phones - one of whom bears a striking resemblance to 'Black Hawk Down' and 'Saving Private Ryan' star Tom Sizemore. The video also shows the man who appears to be Sizemore reaching over the counter to grab a pen and a highlighter. The LAPD confirmed to TMZ that they were investigating the possible involvement of Sizemore in the crime. In 2007, Sizemore was charged with seven drug-related counts, including transportation and possession of methamphetamines and being under the influence of a controlled substance. He completed the term of his parole in January. Tom's lawyer has stated that his client is "innocent until proven guilty."

 

Britney's Legal Costs to Divorce Kevin: $417,000.

career has come with a cost of $2.7 million in legal fees, the Los Angeles Times reports. A sizeable chunk of the total was the $417,000 price tag for legally ending her 2 ½-year marriage to Kevin Federline, and the subsequent custody battle over their children. Attorneys for the singer's father Jamie Spears filed a document Monday showing how much his court-ordered control of her business and personal affairs has cost so far. Fees were split among 17 lawyers and firms, including $1 million for Spears's own attorneys. That amount, said the attorneys, covered the "complex and challenging" issues the singer has faced in getting her life back on track. "Since the initiation of the conservatorship, as a result of the concerted efforts of Mr. Spears as well as the professionals involved, all aspects of Ms. Spears's life have been stabilized and continue to improve," lawyer Geraldine Wyle wrote. She added that the singer's mental health continued "to mend," that she had regained "substantial visitation" with her children and that her career "has been revitalized."

 

Redmond O'Neal Pleads Not Guilty to Drug Charges

Actor Ryan O'Neal's son Redmond has pleaded not guilty to drug charges in connection with his arrest along with his father last year. Redmond, 24, entered the plea in a Malibu court on Wednesday while facing one felony count of methamphetamine possession, two misdemeanor counts of possession of drug paraphernalia and one misdemeanor count of illegal possession of pepper spray, a court official told ET. His next court appearance has been set for May 14. Ryan and Redmond were arrested on September 17 after drugs were allegedly found inside the family's Malibu home. Ryan, 67, an Academy Award-nominated actor, pleaded guilty in January to possession of a controlled substance. He received deferred entry of judgment, which is an 18-month program, and his next court date is set for July 10.

 

Runway's Kenley Denies Catfight, Pounces on Misdemeanor

Something that apparently bears repeating: A cat is not a weapon. And while Project Runway villain Kenley Collins denied at a hearing yesterday that she offensively hurled a feline at her boyfriend during an arrest-yielding fight earlier this month, she did confess that the altercation got a tad...frisky. During the hearing in Brooklyn Criminal Court Wednesday, the retro designer, who originally faced second-degree assault for allegedly throwing not only her cat but a laptop, water and a few apples at her sleeping ex-boyfriend's face, said she "gently" placed the pet on a bed where her former flame was laying, but denied that it was in any way a violent maneuver. "My daughter told me they were arguing because she broke up with him and he wouldn't get out of the apartment," the Bravo star's mom, Kenley Collins, told the New York Daily News. "Zak's cat, Arlo, was bothering her so she plopped him on a down comforter on the bed and told Zak to 'go feed him.' That's all there was to it." The 26-year-old Collins, who was arrested on suspicion of assault on March 17 for the alleged cat bombardment of Zak Penskey, was promised in court that her charge would be reduced to a misdemeanor within the next month.

 

Dane Cook's half-brother held on $1 million bail

The half brother of Dane Cook has been ordered held on $1 million bail on charges alleging he stole millions of dollars from the comedian. Darryl McCauley pleaded not guilty to eight counts of larceny over $250, forgery and larceny by continuous scheme. Prosecutors said at Thursday's arraignment in Middlesex Superior Court that more charges are expected. Prosecutors say the 43-year-old McCauley stole the money while being paid $12,500 a month to act as business manager for Cook's company, Great Dane Enterprises. Defense attorney Robert Goldstein said McCauley denies taking any money without his brother's consent. Goldstein, who asked for $100,000 bail, said Thursday that McCauley and Cook were "virtual partners" who together built Cook's career. A pretrial conference is set for April 16.

 

Howard K. Stern's Arraignment Continued

ET has confirmed a Los Angeles court has pushed the date of the arraignments of Howard K. Stern and Dr. Khristine Eroshevich after they were charged with three felony counts of conspiracy to furnish the late Anna Nicole Smith with drugs. Superior Court Commissioner Kristi Lousteau continued the arraignments of Stern and Eroshevich until May 13. Eroshevich and Dr. Sandeep Kapoor face additional charges for writing fraudulent prescriptions. Kapoor is also scheduled to be arraigned on May 13.

 

Woman Denies Affair with Bruce Springsteen

The New Jersey woman whose husband accused her of having an affair with Bruce Springsteen is speaking out to say she did not have a romance with the musician. Ann Kelly's attorney Noel Tonneman tells PEOPLE, "My client absolutely denies having an affair with Bruce Springsteen. These are baseless allegations of a jealous man. And that's all there is to it." On Thursday, The Boss defended his marriage to Patti Scialfa, saying he stood by a 2006 statement in which he called reports of infidelity "unfounded." Ann's husband, Arthur Kelly, filed divorce papers March 27 accusing his wife of committing adultery with Springsteen "at various times and places too numerous to mention." The Matawan, N. J.-based attorney for the woman says his client and Springsteen "attend the same gym. That's it." Tonneman says Ann, who filed a domestic violence complaint against her husband with the West Long Branch, N.J. police March 3, "cannot return to her home because of the news media," adding, "she hopes the media frenzy will end for the sake of her children." Springsteen is also hoping to put the rumors to rest. In his statement, he wrote of his marriage, "Patti and I have been together for 18 years – the best 18 years of my life. We have built a beautiful family we love and want to protect and our commitment to one another remains as strong as the day we were married."

 

Lane Garrison Settles Lawsuits in Fatal Car Crash

Lane Garrison leaves prison in the next few weeks having settled litigation filed by the victims of the crash of a car driven by the intoxicated actor. While no settlement amounts were released, the lawsuit brought by the parents of 17-year-old Beverly Hills High School student Vahagn Setian, who was killed in the 2006 accident, sought damages from the former Prison Break star for wrongful death and gross negligence. The action filed by injured passenger Michelle Ohana, who was 15 at the time, sought payment for medical bills, lost wages and home nursing care. Garrison is currently in state prison finishing up a 40-month sentence for vehicular manslaughter. A spokesman for California Department of Corrections tells PEOPLE that Garrison is expected to be paroled in the next "few weeks." The spokesman declined to discuss Garrison's plans, but similar parolees are generally released into community residential facilities and assigned to a parole officer somewhere in the state. For safety reasons, the corrections department does not disclose inmate release dates or the location of the residential facilities they are assigned to in a community. Garrison began serving his sentence on Nov. 20, 2007, after pleading guilty. He is entitled to an early release from his three-year, four-month sentence by earning good behavior credits behind bars, where he is working as a peer mentor for other inmates.

 

Dane Cook Opens up About 'Terrible Betrayal'

Dane Cook was a guest on "Larry King Live" Thursday night and the comedian spoke candidly about the legal situation involving his half brother and former manager Darryl McCauley. McCauley was arrested in December after being accused of embezzling millions of dollars from Cook while he served as his manager. "It's a terrible betrayal," Cook tells Larry King. "But hopefully justice will be served and I can move on with my life." According to the Massachusetts attorney general's office McCauley is accused of transferring Cook's money into his own bank account. "I worked with my only half brother for several years," Cook says. "Woke up one day and a lot of stuff was missing. There is a good chunk of money that is certainly not accounted for. That's all I can say about it at this point.' McCauley plead not guilty to the charges against him and is currently in jail awaiting his trial.

 

Britney Bunch in Court: Lutfi Lawsuit Delayed, Ghalib's Still a Go

While Britney Spears is busy with her Circus act on the road, a couple of her former clowns are starring in their own shows back in Los Angeles. Spears' ex-manager Sam Lutfi and former boyfriend Adnan Ghalib appeared this morning in separate hearings. Both men have already been banned from further contact with their former meal ticket through 2012. Now the courts are sorting through the fallout. Lutfi fared considerably better than Ghalib, as a Los Angeles Superior Court judge today set a trial date of March 8, 2010, for the former manager's lawsuit claiming defamation and unpaid fees against Spears and her parents. Lawyers for both Lutfi and Jamie and Lynne Spears say they will spend the next 10 months attempting to resolve the case outside of court, with the help of a private mediator. But in case that doesn't work out, the Spearses already have a game plan. An attorney for Jamie Spears said that a countersuit may be filed against Lutfi. Lynne Spears' attorney, meanwhile, said that he will likely seek to dismiss the portion of Lutfi's suit that's directed against her, claiming that his allegation of defamation—based on passages from her book, Through the Storm: A Real Story of Fame and Family in a Tabloid World—is actually an infringement on her right to free speech. Particularly, her right to freely criticize whomever she chooses, especially when they play as large a part as Lutfi appeared to in the downfall of her daughter. The trial date comes just days after Lutfi filed an appeal against a judge's extension of the restraining order obtained against him by the Spears family. Ghalib did not appeal his stay-away order—of course, he has more pressing matters to deal with. The former paparazzo appeared in Van Nuys Superior Court for a preliminary hearing date stemming from his literal run-in with a process server. He walked away with two more restraining orders filed against him. The Los Angeles district attorney was granted restraining orders on behalf of process server Ram Maskowitz, whom Ghalib (savor the irony) allegedly ran over with his car to avoid being served with the Spearses' restraining order, and, for reasons not yet known, a person named Edam Yemini. Before the proceedings, Ghalib attorney Peter Korn unsuccessfully attempted to have media removed from the courtroom. "There's some safety issues for my client," he told Judge Leslie Dunn, who denied his request and set a hearing date for May 18. By that time, the district attorney is expected to turn over 43 surveillance photos to be used as evidence in the case. The date also gives Korn more time to track down potential witnesses to the incident he claims never occurred. "Nowhere in the shots do they observe my client running over Mr. Maskowitz," he said. In February, Ghalib pleaded not guilty to three felony charges stemming from the incident: assault with a deadly weapon, hit and run and battery. Last month, Maskowitz filed a civil suit against Ghalib, saying he suffered cuts, abrasions and a fractured wrist in the incident. He's seeking unspecified damages for assault, battery, negligence and both intentional and negligent infliction of emotional distress.

 

Paris Hilton: The Hardest-Working Gal in Showbiz?

Paris Hilton prefers Letterman to Leno. She doesn't pay her own cell-phone bills. And, oh yeah, "she's the single busiest person on the planet." Such have been the revelations to emerge in the legal battle pitting the celebutante against the producer of the 2006 flop Pledge This, who are claiming that they lost buckets of cash because Hilton shirked her duties to promote the National Lampoon-branded bomb. The details of a deposition Hilton gave in the case emerged this week and feature a glimpse into Hilton's world. "Any chance I got, any red carpet, any press, if I was doing something for another product...I would just bring it up, 'Oh, my new sorority film, it's going to be sexy, it's going to be really hot girls'—like I really, you know, did my best," she said when asked what she did to pimp the film. Hilton starred as the snobbish president of Gamma Gamma Gamma house in the nominal comedy. She also served as an executive producer...at least in title. "I'm not sure what a producer does," she said. "I don't know, help get cool people in the cast." Pledge This!'s investors, led by Miami's Michael Goldberg, are seeking to recoup losses of more than $8 million. Per IMDb.com, the film grossed just $1.5 million worldwide. The depo Q&A portrays the 28-year-old hotel heiress as someone so caught up in her other sponsorships, party appearances and TV gigs that she's never even seen her own cell-phone bill. Asked who pays the bills, she replied: "I don't know. I'm assuming, like, whoever pays my bills...I never ask about that stuff." Her attorney came to her defense during a hearing on Tuesday. "She's the single busiest person on the planet," said lawyer Michael Weinstein. Hilton also acknowledged she refuses to go on The Tonight Show With Jay Leno because the host veered off script once and asked her things she took offense to, and didn't follow guidelines concerning what she was there to plug. Instead, she prefers the cozy confines of the Late Show With David Letterman as a promotional venue, even if he cracked wise about her 2007 jail stint. Speaking to E! News today, Hilton tried a little damage control—and worked in a plug. "Although I think Leno is a nice guy and very funny, David Letterman and I have a special connection,” Hilton said. “I think he's adorable, charming, hysterical and I always have a fun time with him on the show. I go back on next month to see him again to promote season two of BFF. I look forward to it—I miss Dave!" Presumably the Letterman stop won't interfere with another, more ignominious appearance. Hilton is due in court June 8 for the start of the Pledge This! trial.

 

Why Did Victoria Principal Pull a Gun on Her Maid?

This much is certain: After a housekeeper took former Dallas star Victoria Principal's dog out for a walk the day after Christmas, the two women got into a heated argument and Principal pulled a gun on her. But the rest of the story is in dispute, with both sides accusing the other of assault and offering conflicting accounts of the clash. No charges have been filed, leaving the matter in civil court, with back-to-back lawsuits filed in the last week. Principal, 59, best known for playing Pamela Barnes Ewing on the long-running TV drama who went on to launch a successful line of skin-care products called The Principal Secret, says in a lawsuit filed Tuesday in Superior Court in Santa Monica, Calif., that the troubles began after she hired maid Maribel Banegas through an agency for temporary work. Walking the Dog On Dec. 26, Banegas allegedly came to work in a hostile mood because the actress sought to terminate her due to her "aggressive behavior toward other staff" and poor work performance prior to the dog incident, according to Principal's lawsuit. When the maid took the dog out for a walk, she disappeared for an hour, although Principal repeatedly called Banegas to return the pet immediately. Principal accuses Banegas of dragging the pooch by its leash into her Malibu home "so roughly that the dog was coughing and wheezing and its eyes were bulging," according to the lawsuit, which says the dog suffered an injured back. Banegas then allegedly "pounded violently on the kitchen counters while yelling ... 'Give me money ... Give me my money' " before Principal asked her several times to leave, the lawsuit says. Maid Files Lawsuit But Banegas, who filed a personal injury lawsuit against the actress on May 1, says she told Principal she was gone for an hour because she was waiting for the pet to do "its business." Banegas says Principal "threatened to kill her" after the housekeeper asked for payment for her services. No shots were ever fired. Principal says she pulled the gun "out of concern for her safety" and because she "was in fear for [her] life." The maid then locked herself in a room and dialed 911. According to Principal, sheriff's deputies removed Banegas from her home "after subduing Banegas's attempts to resist arrest." But L.A. Sheriff's spokesman Steve Whitmore says Banegas "cooperated and agreed to leave the location after a payment dispute." On Jan. 9, Banegas contacted deputies, alleging she'd been assaulted by Principal and filed a report regarding the incident. After an investigation, the case was presented to prosecutors, who eventually rejected the case, citing insufficient evidence, says Whitmore. A rep for the actress had no comment. Calls to Banegas's attorney weren't immediately returned.

 

Paris Hilton: "My Blue Bentley Was Egged!"

Reports that Paris Hilton's house party got busted are totally wrong. TMZ reports that the heiress threw a bash Monday night, and after angry neighbors called the cops to complain about noise, über-pricey cars parked in the neighborhood were egged by party guests. Turns out the house in question is Doug Reinhardt's and Paris says her own Bentley was vandalized as well! “This is ridiculous,” Paris tells E! exclusively. “We had nothing to do with this. My blue Bentley was egged and I even filed a victim’s report.” Police were indeed called to Doug's house twice that night...so what really happened? "Neighbors called Monday night because of the noise,” an LAPD spokesperson tells E!. "A little later, there was another call from owners of cars that had been vandalized in that same vicinity, so officers ended up going out a second time.” Back in town from their romantic vacation in Anguilla, Doug and Paris first dined at Koi and went to the club h.wood on Monday night. A source says Doug invited a few friends over to play poker at his new pad in the Hollywood Hills. Paris says that a large group of paparazzi followed them from the club and were camped outside the house, causing a commotion. "Nicky lives directly across the street," she tells E!. "David [Katzenberg, Nicky’s boyfriend] was woken up by the paparazzi as well.” "There were probably five guys there," a source tells E!, adding that Doug and Paris were in bed by 3 a.m., while their friends continued to play poker downstairs. “It’s not possible that they egged cars," a source adds. "There was no food in the refrigerator. There was no music because the sound system isn’t hooked up.” A source close to the couple thinks the paparazzi could be responsible for the vandalism.

 

Gerard Butler Charged with Battery

The '300' star has been charged with a misdemeanor. ET confirms that Gerard Butler has been charged with misdemeanor battery following an alleged 2008 run-in with a photographer. Officials tell ET that the alleged incident occurred in October of 2008. Butler will be arraigned on June 10.

 

Case Clothes'd for Woody Allen

For a brief moment, Crimes and Misdemeanors threatened to be more than just a movie title for Woody Allen. But not anymore. American Apparel has agreed pay $5 million to settle Allen's lawsuit against the clothing company. "I am told the settlement of $5 million I am being paid is the largest amount ever paid under the New York right to privacy law," the 72-year-old told reporters outside the courthouse. Allen added that he hoped the settlement "would discourage American Apparel or anyone else from ever trying such a thing again." The last-minute settlement was announced this morning, after Allen had already arrived at the Manhattan federal courthouse where he was due to take the stand as the first witness of the trial. The Oscar-winning auteur was seeking $10 million from the company after it used an unauthorized still of him from Annie Hall on billboards as well as on the brand's website. "American Apparel calculatingly took my name, my likeness, and image and used them publicly to promote their business," he said in a separate statement. "Threats and press leaks by American Apparel designed to smear me did not work and a scheme to call a long list of witnesses who had nothing to do with the case was disallowed by the court. I hope this very large settlement will discourage American Apparel and other from doing this type of thing to myself or others in the future." American Apparel CEO Dov Charney was also present at the courthouse and made clear that it was not his decision to settle with the director, rather that of the attorneys for the hipster clothier's insurance company, which is footing the bill for the hefty legal fee. "I'm not sorry of expressing myself," Charney said, going on to say that he "would never try to malign the dignity of Mr. Allen." "I hope to meet him on more friendly terms at a different point." As it is, the ad that launched the lawsuit showed Allen dressed as a rabbi and featured Hebrew script, translated as "the holy rebbe," under which simply read the name of the company. The billboards were placed in New York and Los Angeles for just one week, but apparently left a lasting impression—and on no one more than the director. Allen filed suit against the company in March, alleging that the ads were "especially egregious and damaging" to his reputation, as he notoriously never lends his image to commercial campaigns. American Apparel, meanwhile, had long claimed it was within their First Amendment rights to use the photo and went so far as to say that Allen's image, used with permission or not, could not possibly damage the director's image—that image, they claimed, was already damaged beyond repair by Allen himself, thanks to past personal indiscretions. The suit soon got nasty, with attorneys for American Apparel claiming they would call Mia Farrow and her adoptive daughter turned Allen's wife Soon-Yi Previn (aka Exhibit A) to the stand. Last week, however, the tide began to turn when Charney, himself more than familiar with the pitfalls of a negative public reputation, denied on the company's blog that it would bring up Allen's past and even claimed to be the director's No. 1 fan. "I have deep respect for Mr. Allen, who is a source of inspiration for me," he wrote. Ironically, now it's Charney who will be the source of something deep for Allen...namely, his pockets.

 

Report: Kiefer Sutherland and Designer Resolve Issues

Kiefer Sutherland may soon be out of legal trouble regarding an alleged headbutting incident in New York. The Associated Press reports that Sutherland and clothing designer Jack McCollough have resolved the issues between them, which could clear the way for charges to possibly be dropped. A rep for Sutherland told the AP that the actor "regrets that McCollough was injured." On May 7, Sutherland was charged with assault in the third degree for allegedly headbutting McCollough at a nightclub earlier that week.

 
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