Posted Jan 31, 2011 07:15 pm CST
An eagerly awaited trial over Courtney Love’s twitter rants against a Texas fashion designer known as the “Boudoir Queen” may not be upcoming after all.
Although lawyers for both sides disagree about the status of the Los Angeles Superior Court case, Love’s counsel says a settlement is essentially a done deal:
“Not all the documentation is finished, but the case is settled,” attorney James Janowitz tells the National Law Journal in an article reprinted in New York Lawyer (reg. req.). He chairs the entertainment group at Pryor Cashman.
However, attorney Bryan Freedman of Freedman & Taitelman in Los Angeles says negotiations are still ongoing between his client, Dawn Simorangkir, and Love’s contingent.
The case, which centers on tweets and comments by Love on MySpace and a website on which Simorangkir sells, had generated interest because of the cutting-edge Internet law issues it presents.
Alleging defamation, invasion of privacy, tortious interference and breach of contract, the suit contends that Love’s low blows in a custom-clothing bill battle with Simorangkir included not only comments that were damaging to her professional reputation but false claims that she engaged in prostitution and was an unfit parent, the article recounts.
“Whether caused by a drug induced psychosis, a warped understanding of reality, or the belief that her money and fame allow her to disregard the law, Love has embarked in what is nothing short of an obsessive and delusional crusade to terrorize and destroy Simorangkir, Simorangkir’s reputation and her livelihood,” says Freedman in the suit.
Love’s lawyers at Pryor Cashman say Love comments such as “total scumbag, lying ripoff” were hyperbole and hence opinion protected under the First Amendment rather than actionable in tort. Plus, they contend, Simorangkir used Love’s comments to generate business for herself, so she suffered no damage.
ABAJournal.com: “Twitter Expert Will Testify Against Courtney Love in Defamation Trial”