Howard K. Stern filed a $60 million suit against (1) Rita Cosby and (2) Hachette Book Group USA, Inc. today in an Atlanta federal court.  He’s asking for $10 million in actual damages and another $50 in punitive (or punishment) damages from the author and publisher of Blonde Ambition. 

Larry Burkhead isn’t a party to this suit; however, his lawyer is claiming that Larry will be filing suit against Cosby and her publisher, too. 

In his lawsuit, Howard K. Stern claims he has been harmed by the book, and that Anna Nicole Smith has been harmed, too, because the “[d]efendants have exploited Ms. Smith’s life and death by publishing false and defamatory factual accusations” against Stern.  Which implies that Dannielynn has been harmed, as well, even though she’s not a party nor is Anna Nicole’s estate at this point.

How is Dannielynn harmed?  Think of Lisa Marie and Elvis — Elvis’ legendary persona benefits Lisa Marie in many ways; if nasty things were imputed to Elvis now, Lisa Marie would be hurt financially and otherwise.  Same for Dannielynn — she stands to benefit from the continuing popularity of Anna Nicole and to the extent that Anna Nicole’s persona is harmed, DannieLynn is harmed as well.

Of course, how AnnaNicole’s reputation could be tarnished and harmed at this point — well, there’s a fact question for the jury if there ever was one ….

Larry Burkhead has been counter-sued this week by his former attorney, Debra Opri.  Debra Opri is claiming that Larry Birkhead harmed her reputation when he appeared on Larry King Live and said that Opri was a source for Rita Cosby, as she was writing her book, Blonde Ambition.  Opri’s alleging that she’s had to spend $200,000 on a “crisis management team” to “salvage” her reputation.  TMZ has put the Opri counterclaim online, if you want to read it.

What’s going on here? Can lawyers sue clients? Why would Opri sue Burkhead? And, will this force the revelation of the source materials for the Rita Cosby book?  Will we get to see the video here?

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Will Larry Birkhead Sue?  Larry Burkhead says he will, so does Howard K. Stern.  Nothing’s been filed yet.  Before pondering why not, let’s review what’s happened since our last post:

1.  DannieLynn turned one last week, and there was a big party for her in Kentucky: both Larry Burkhead and Howard K. Stern were there. 

2.  Rita Cosby’s book Blonde Ambition did hit the shelves, and was No. 56 at amazon.com at the time of this post. 

Of course, the price has been slashed in half, and it’s getting very bad reviews.  Readers are pointing out that the book has no index, no footnotes, no documentary support; one comparison to the heavily-documented John Belushi bio Wired has been made.   (Of course, Bob Woodward of Watergate fame wrote that one.)

And, in a truth is stranger than fiction report: this morning, amazon.com is offering a twofer deal: get Rita Cosby’s book AND O.J.Simpson’s If I Did It, where proceeds go to the Goldman Family, for $29.36.  That tells you something.

3.  Larry Birkhead just won a big round in his suit with Debra Opri: she doesn’t get a quiet arbitration, they’re headed for trial. The arbitration clause didn’t hold. 

4.  Some crazy guy just sued Howard K. Stern for $100 million.  Who?  The brother of Cosby’s source for the Stern-Burkhead gay lover story, Jackie Hatten.  Why is he in jail?  He serving 6+ years prison time for making criminal threats against Anna Nicole and actually attacking her neighbor.

Okay, so … will Larry sue? What about Howard? 

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Larry Birkhead is mad as a hornet, telling TMZ.COM that he’s going to sue author (and former MSNBC correspondent) Rita Cosby as well as “other individuals … over confidential information in my custody case” if the rumors (click here to read them) about what’s in Cosby’s new book, Blonde Ambition: The Untold Story of Anna Nicole Smith’s Death, are true.    

Larry Birkhead’s also threatened anyone who prints excerpts or other information from the book with a lawsuit too — including OK! Magazine, who is scheduled to spotlight the book in its next issue.  

Of course, on the same day, OK! Magazine cancelled its $1.7 million deal with Larry Burkhead for an exclusive photo shoot of DannieLynn’s first birthday.  E!News quotes OK!’s editor’s explanation that the cancellation was due to OK!’s discovery of “explosive” and “shocking” allegations that “would not allow” OK! to promote what it’s calling “this family’s highly questionable relationship.”  Larry says OK! is just mad because he’s made another million-dollar deal with US Magazine for a cover story on DannieLynn. 

Larry Birkhead tells TMZ that it was author Rita Cosby who referred him to attorney Debra Opri, and it’s reasonable to assume that his reference to “others” with confidential information about the custody fight includes his former lawyer. 

So, what’s the legal skinny on this? Will Larry Burkhead sue? Sue who?

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Chris Benoit’s doctor and Anna Nicole’s psychiatrist both claim to have been close friends with their deceased celebrity patients.  Criminal investigations are now underway to determine if these “good pals” were also to blame for their deaths.  

If the doctors’ actions did contribute to the deaths, then expect to have civil suits filed, as well.  Dannielynn’s guardian (i.e., Larry Burkhead) can sue for wrongful death based upon medical malpractice.  There’s a twist in the Benoit case:  state wrongful death statutes list who can sue for the wrongful death of another, and usually it’s limited to immediate family.   Georgia law will decide if any Benoit relatives can legally seek civil remedies.

I predict civil suits will be filed.  Why?

Last week, Chris Benoit’s doctor was indicted by a federal grand jury for illegal distribution of prescription drugs - including Xanex(alprazolam), Percocet (oxicodone), Adderal (amphetamine), and Lorcet(hydrocodone).  It’s a seven-count criminal indictment, involving seven prescriptions written to two patients.  It doesn’t include his patient, 2004 WWE champion Chris “The Canadian Crippler” Benoit. When Chris Benoit’s toxicology reports get in, new charges may well be added.  

Meanwhile, California authorities are investigating two of Anna Nicole Smith’s doctors.  The California Department of Justice is reportedly investigating her psychiatrist, specifically, for prescribing methadone to an 8-month pregnant Anna Nicole, as well as prescribing (click to see the dr’s fax) Dilaudid, Lorazepam, Soma, Delmane, Methadone, and Prexige shortly after Daniel’s death.  

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Larry Burkhead already filed a lawsuit against Debra Opri; on June 8, he took his fight to a totally different venue: Burkhead filed a formal complaint against attorney Debra Opri with the State Bar of California.  In it, Burkhead claims his former attorney “misappropriated” money (big six figure money) that Larry was paid for a TV deal. 

Why did Larry Burkhead bother to complain to the California Bar?  Especially when he’s already filed a lawsuit about the same exact thing?  And, when should you consider filing a complaint against your attorney?

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