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Mariah Carey slapped with multi-million dollar lawsuit over hit festive song

<p dir="ltr">Mariah Carey is facing a multi-million dollar lawsuit over her hit festive song, as another musician has come forward claiming she plagiarised an original work.</p> <p dir="ltr">Carey’s song <em>All I Want For Christmas Is You</em> has long been a staple of December, and has sold over 10 million copies since its 1994 release. </p> <p dir="ltr">However, Andy Stone, lead vocalist of Vince Vance and the Valiants, claims Carey infringed on his copyright. </p> <p dir="ltr">Stone co-wrote a song, which has the same title as Carey’s smash hit, in 1989 to which he claims Carey and her team of copying his song’s “compositional structure,” according to the complaint obtained by <a href="https://www.foxnews.com/entertainment/mariah-carey-facing-20-million-lawsuit-over-all-i-want-for-christmas-is-you" target="_blank" rel="noopener">Fox News Digital</a>.</p> <p><iframe title="YouTube video player" src="https://www.youtube.com/embed/w8HWHd0EYJA?si=IdW0GIKXEQBJqaO_" width="560" height="315" frameborder="0" allowfullscreen="allowfullscreen"></iframe></p> <p dir="ltr">The court documents state that Carey “directly” copied lyrics from Stone’s 1989 hit and “approximately 50 per cent” of the song is copyright infringement.</p> <p dir="ltr">Stone went on to claim that Carey and her team “undoubtedly” had access to his version of <em>All I Want For Christmas is You</em> due to its “wide commercial and cultural success.”</p> <p dir="ltr">Stone’s track charted on Billboard for years, with the band even performing the track at the White House in 1994 - the same year Carey’s festive song was released. </p> <p dir="ltr">“Carey has capitalised on the success of her infringing work,” Stone’s complaint alleged. </p> <p><iframe title="YouTube video player" src="https://www.youtube.com/embed/yXQViqx6GMY?si=Exrq9M0AA2u5XRpB" width="560" height="315" frameborder="0" allowfullscreen="allowfullscreen"></iframe></p> <p dir="ltr">“<em>All I Want For Christmas is You</em> has become a ubiquitous part of popular culture, and Carey’s name has become synonymous with the season.”</p> <p dir="ltr">Stone first sued Carey over the copyright issue in June 2022 in a Louisiana court before dropping the claim five months later. </p> <p dir="ltr"><em>Image credits: Getty Images</em></p>

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Qantas slapped with class action lawsuit

<p>Qantas is staring down the barrel of a class action lawsuit, after being accused of prioritising its financial interests over its contractual commitments to customers during the COVID-19 pandemic.</p> <p>The legal action was initiated on Monday August 21 in response to the airline's failure to provide refunds totalling more than a billion dollars to its customers.</p> <p>Echo Law, the plaintiff firm, contends that Qantas deceived customers and essentially held their funds, effectively treating them as interest-free loans.</p> <p>Andrew Paull, a partner at Echo Law, asserts that Qantas acted unlawfully by introducing a flight credit program in response to border closures caused by the pandemic. Instead of promptly refunding customers for cancelled flights, the airline, in numerous instances, retained the funds for an extended period to bolster its financial performance.</p> <p>Paull notes that Qantas' own terms and conditions stipulate refunds when cancellations occur outside their control. He points out that the magnitude of the claim has grown due to Qantas' prolonged inaction in addressing these issues.</p> <p>The class action is not only aiming to secure redress for pending refunds but also seeks compensation for delayed reimbursements. Paull alleges that Qantas has been "unjustly enriched" by withholding money owed to its customers. He equates the interest accrued on these retained funds over the past three years to a substantial sum.</p> <p>This legal action marks the latest episode in a series of challenges faced by Australia's largest airline due to the pandemic's far-reaching repercussions, which severely disrupted its operations. The Australian Competition and Consumer Commission (ACCC) has expressed concern and pressured the company to simplify the refund process following a surge in customer complaints.</p> <p>Consumer advocates have also criticised Qantas for delays in refunding customers. Choice, a consumer advocacy group, even bestowed a "shonky award" upon Qantas due to reports of customers using credits being required to pay extra.</p> <p>Paull estimates that approximately $400 million in refunds remains outstanding to date. He asserts that Qantas prioritised safeguarding its financial position over honouring its commitments to customers during the pandemic, potentially misleading customers by presenting the travel credits as acts of goodwill rather than a fulfilment of contractual obligations.</p> <p>Responding to the lawsuit, a Qantas spokesperson stated on Monday that the airline had not yet received the lawsuit. The spokesperson categorically rejected the allegations, asserting that Qantas had already processed over $1 billion in refunds arising from COVID-19-related credits for customers impacted by lockdowns and border closures.</p> <p>Moreover, the spokesperson refuted claims that Qantas derived financial gains from delaying refund disbursements, highlighting the substantial revenue loss of $25 billion and $7 billion in losses due to the pandemic. (Qantas has subsequently repaid significant portions of its pandemic debts and recently reported substantial profits after receiving substantial financial support from taxpayers during the pandemic period.)</p> <p>Qantas also dismissed allegations of delayed refund payments to affected customers. The spokesperson emphasised that the airline has consistently communicated the refund process to customers when flights were canceled.</p> <p>However, Paull contends that Qantas has created formidable barriers for customers seeking to exercise their consumer rights, including unfulfilled promises of callbacks and refunds that were granted but never processed.</p>

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6 classic songs involved in lawsuits

<p>Like with all art, the line between appropriation and plagiarism in the music world is very blurred. Artists have always been inspired by other artists, so it’s inevitable that some works will be similar to others. These cases, however, prove that the consequences of copyright infringement can be extremely costly indeed.</p> <p><strong>The Beatles vs. Chuck Berry</strong></p> <p>Chuck Berry’s music has long been the object of adaptation, but none were as high-profile as The Beatles’ hit song “Come Together”, which allegedly borrowed lyrics and melodies from Berry’s “You Can’t Catch Me”. Lennon’s line, “Here come ol’ flattop, he come groovin’ up slowly” is thought to have been taken from Berry’s “Here come a flattop, he was movin’ up with me”. Berry’s publishing company was awarded nearly US$85,000 as a settlement.</p> <p><strong>Johnny Cash vs. Gordon Jenkins</strong></p> <p>In the 1970s, Cash was ordered to pay Gordon Jenkins US$75,000 after his 1955 song “Folsom Prison Blues” allegedly used lyrics and music from Jenkins’ 1953 tune “Crescent City Blues”. Although Cash’s song was a tale of murder and imprisonment and Jenkins’ was about a lovelorn woman desperate to escape, the songs were still similar enough to be the focus of a lawsuit.</p> <p><strong>Men At Work vs. Larrikin Music</strong></p> <p>It’s considered to be one of Australia’s most iconic songs (even an unofficial anthem for some), but Men At Work’s hit song “Down Under” was the subject of a nasty dispute in 2009 when they were sued by Larrikin Music, the owners of 1932 classic “Kookaburra”. Larrikin Music claimed that part of the Aussie band’s flute riff was stolen from the song “Kookaburra”, written by Marion Sinclair. The band was forced to give Larrikin 5 per cent of all royalties after 2002.</p> <p><strong>Ray Parker, Jr. vs. Huey Lewis and the News</strong></p> <p>Who can forget Parker’s iconic <em>Ghostbusters</em> theme song? Well, as it turns out, it may not have been completely original. Huey Lewis and the News sued Parker after hearing similarities with their song “I Want a New Drug”, and won the suit. In a strange twist, however, Huey Lewis revealed the details of the settlement to the media in a breach of confidentiality and was counter-sued by Parker in 2001.</p> <p><strong>Rod Stewart vs. Jorge Ben</strong></p> <p>Stewart was sued after the vocal melody from his hit “Do Ya Think I’m Sexy?” was found to be uncannily similar to that of Jorge Ben’s 1976 song “Taj Mahal”. As part of the settlement, Stewart decided to donate a percentage of the track’s earnings to UNICEF. “Clearly the melody had lodged itself in my memory and then resurfaced. Unconscious plagiarism, plain and simple,” Stewart wrote in his autobiography.</p> <p><strong>Coldplay vs. Joe Satriani</strong></p> <p>Satriani sued Coldplay in 2008, alleging that their song “Viva la Vida” used “substantial original portions” of music from his song “If I Could Fly”, which was released four years previously. They settled out of court in 2009. This suit came just months after American band Creaky Boards accused them of stealing the melody of their ironically-named song “The Songs I Didn’t Write”. Yusuf Islam (Cat Stevens) also claimed the song ripped off his track “Foreigner Suite”.</p> <p>Do you think any of these songs sound like their alleged inspirations? Tell us your thoughts in the comment section below.</p> <p><em>Image credit: Getty</em></p> <p><strong>Related links:</strong></p> <p><a href="../finance/insurance/2016/04/10-odd-things-celebrities-have-insured/"><span style="text-decoration: underline;"><em><strong>10 odd things celebrities have insured</strong></em></span></a></p> <p><a href="../entertainment/music/2016/04/the-surprising-real-names-of-singers/"><span style="text-decoration: underline;"><em><strong>The surprising real names of famous singers</strong></em></span></a></p> <p><a href="../entertainment/music/2016/03/rock-and-roll-hits-banned-from-being-played/"><strong><em><span style="text-decoration: underline;">6 rock ‘n’ roll hits banned from being played</span></em></strong></a></p>

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Aussie designer wins lawsuit against Katy Perry

<p dir="ltr">One of Katy Perry’s companies has been found guilty of infringing the trademark of a Sydney fashion designer.</p> <p dir="ltr">Katie Jane Taylor has designed and sold her own line of clothing under her label ‘Katie Perry’ since 2008.</p> <p dir="ltr">While the pop superstar Perry, born Katheryn Hudson, initially fought the Australian registration of the Katie Perry brand, she later withdrew it. </p> <p dir="ltr">Taylor sued the singer for infringement in the Federal Court in 2019, more than a decade after the <em>Firework</em> singer started selling her own brand of merchandise, including clothing, under her stage name. </p> <p dir="ltr">“This is a tale of two women, two teenage dreams and one name,” Justice Brigitte Markovic wrote in a judgement published on April 29 2023.</p> <p dir="ltr">Judge Markovic found Hudson had infringed the mark on Twitter ahead of one of her Australian tours in 2014.</p> <p dir="ltr">Despite the infringement, the judge concluded that the singer did not owe any compensation to the designer as she had used the trademark in “good faith”.</p> <p dir="ltr">One of the singer’s other businesses Kitty Purry however is liable for damages because of the sale of clothing during her 2014 tour. </p> <p dir="ltr">A bid by the star and her companies to cancel the Katy Perry trademark was dismissed by the Federal Court.</p> <p dir="ltr">Markovic is yet to determine the amount of damages owed by Kitty Purry. </p> <p><span id="docs-internal-guid-6c0faee1-7fff-5497-933e-14ee948d4dac"></span></p> <p dir="ltr"><em>Image credit: Getty</em></p>

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Lawyer sued for ‘quiet quitting’

<p> A legal firm in New York have sued one of its own lawyers, accusing her of using remote work as a way to “quiet quit” while she started a new venture.</p> <p>Quiet quitting is a relatively new term that refers to employees who do nothing above the bare minimum in their role, often leading them to end up on the chopping board. </p> <p>Defendant Heather Palmore then filed a countersuit against Napoli Solnik accusing the firm of mistreating minority employees, “brazen bullying” and seeking to “intimate people who stand up to them”.</p> <p>The lawsuit, which was filed in late February 2023 in a state court, accused Palmore of “breach of fiduciary duty of loyalty, aiding and abetting breach of fiduciary duty of loyalty, injurious falsehood, unjust enrichment, declaratory judgement and constructive trust”.</p> <p>According to the firm’s lawsuit, Palmore “misrepresented her skill set, experience, and book of business to obtain a position with Napoli Shkolnik, where she took advantage of the new remote work environment to ‘quiet quit’ her job, and simultaneously worked for two law firms at once,”</p> <p>The firm also accused her of “performing little to no work for Napoli Shkolnik while directly competing with the firm by simultaneously running Defendant Palmore Law Group”.</p> <p>Palmore said in her counterclaim that partner Paul Napoli recruited her to be the firm’s chief trial counsel in October 2021.</p> <p>“Ms Palmore has been subjected to and witnessed egregious race and disability discrimination by senior management as part of their standard operating procedures,” she said in a lawsuit filed in Manhattan federal court. </p> <p>Palmore said she agreed to engage in mediation to settle her claims but claimed the firm used the time to “fabricate its own bogus lawsuit to file before Palmore could file her lawsuit — and gain some ill-conceived strategic advantage by filing first”.</p> <p>The firm claims Palmore was never committed to her job and that she established her own company almost as soon as she was hired.</p> <p>“Further, not even one month after defendant Palmore was hired by the plaintiff, defendant Palmore established her own separate law firm, The Palmore Group, PC, which she was operating and marketing while claiming to work on a full-time, attention, and energy basis for the plaintiff,” it said.</p> <p><em>Image credit: Instagram</em></p>

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“She could’ve been protected that day”: Gabby Petito’s family files lawsuit

<p dir="ltr">The family of Gabby Petito, whose boyfriend admitted to killing her last year, have launched a wrongful death suit against Utah’s Moab Police Department, claiming officers’ negligence led to her death.</p> <p dir="ltr">Ms Petito and her boyfriend Brian Laundrie were stopped by officers in Moab last year after a bystander allegedly saw Mr Laundrie hit Ms Petito and reported the incident to police.</p> <p dir="ltr">The couple were ultimately not cited for domestic violence, and Ms Petito’s body was found weeks later after she had been strangled.</p> <p dir="ltr">On Thursday local time, Ms Petito’s parents and other family members announced their intent to sue the department for $US 50 million ($NZ 85 million).</p> <p dir="ltr">The suit claims that police officers failed to effectively intervene in a domestic violence situation between Ms Petito and Mr Laundrie by failing to issue a domestic violence citation, claiming that officers disregarded signs of violence they should have been trained to notice.</p> <p dir="ltr">“She could’ve been protected that day,” Nicole Schmidt, Ms Petito’s mother, said.</p> <p dir="ltr">The suit also claims that police officers “coached Gabby to provide answers that the officers used to justify their decision not to enforce Utah law", with the family claiming that officers “egregiously misinterpreted Gabby’s extreme emotional distress, seeing it as the cause of the domestic violence rather than its result”, per AP.</p> <p dir="ltr">“Despite the witness’s report, the officers treated Brian as if he were the victim of domestic abuse rather than the perpetrator,” the lawsuit reads, per Fox News.</p> <p dir="ltr">“In fact, the officers never directly questioned Brian about whether he hit Gabby or how she ended up with scratches on her face.</p> <p dir="ltr">“The purpose of this lawsuit is to honour Gabby’s legacy by demanding accountability and working for change in the system to protect victims of domestic abuse and violence and to prevent such tragedies in the future.”</p> <p dir="ltr">Moab police officer Eric Pratt is also alleged to have been “fundamentally biased” in his investigation by “choosing to believe Gabby's abuser, ignoring evidence that Gabby was the victim and intentionally looking for loopholes to get around the requirements of Utah law and his duty to protect Gabby", </p> <p dir="ltr">The family’s complaint is based on the claim of an unnamed woman referred to as “Witness 1”, who alleged that Officer Pratt threatened to kill her after their relationship ended while he was the police chief in the rural town of Salina, Utah.</p> <p dir="ltr">In a statement after the lawsuit was filed, the city of Moab said Ms Petito’s death was tragic but not the fault of the police department.</p> <p dir="ltr">"Our officers acted with kindness, respect and empathy toward Ms Petito," city spokesperson Lisa Adams said.</p> <p dir="ltr">"No one could have predicted the tragedy that would occur weeks later and hundreds of miles away, and the City of Moab will ardently defend against this lawsuit."</p> <p dir="ltr">In a statement, the Moab Police Department said the 22-year-old’s death was a “terrible tragedy” that no-one could have predicted.</p> <p dir="ltr">“The death of Gabrielle Petito in Wyoming is a terrible tragedy, and we feel profound sympathy for the Petito and Schmidt families and the painful loss they have endured,” it read.</p> <p dir="ltr">“The death of Gabrielle Petito in Wyoming is a terrible tragedy, and we feel profound sympathy for the Petito and Schmidt families and the painful loss they have endured.</p> <p dir="ltr">“The attorneys for the Petito family seem to suggest that somehow our officers could see into the future based on this single interaction.</p> <p dir="ltr">“In truth, on August 12, no one could have predicted the tragedy that would occur weeks later and hundreds of miles away, and the City of Moab will ardently defend against this lawsuit.”</p> <p dir="ltr">The suit comes after a notice of claim was filed in August, and after an independent investigation found that police made “several unintentional mistakes”, including not issuing a domestic violence citation, in January.</p> <p><span id="docs-internal-guid-4e45f712-7fff-846d-6ac5-c39de6e6428f"></span></p> <p dir="ltr"><em>Image: Instagram</em></p>

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Angelina Jolie's bombshell allegations against Brad Pitt

<p dir="ltr">Angelina Jolie has claimed that her ex Brad Pitt was physically abusive towards her and two of their six children on a flight in 2016.</p> <p dir="ltr">The Hollywood actress’s legal team claimed that Pitt grabbed Jolie’s head and shook her then choked one of their children and struck another when they tried to defend her.</p> <p dir="ltr">Pitt’s representation vehemently denied the allegations saying the allegations are "another rehash that only harms the family”.</p> <p dir="ltr">The couple have been locked in a legal fight over their French home and winery in which the description of the abuse came to light.</p> <p dir="ltr">News of the alleged abuse first came to light soon after it happened, however the details were kept private in divorce documents.</p> <p dir="ltr">Further investigations by the FBI and Los Angeles County Department of Children and Family Services found that no action against Pitt was necessary.</p> <p dir="ltr">Pitt was then granted 50-50 custody of the children but the decision was soon appealed by Jolie and eventually became nullified.</p> <p dir="ltr">Reports of the abuse were first reported by The New York Times which read that on September 14, 2016, Jolie, Pitt and their six children were travelling from the winery, Chateau Miraval, to Los Angeles.</p> <p dir="ltr">"Pitt's aggressive behavior started even before the family got to the airport, with Pitt having a confrontation with one of the children. After the flight took off, Jolie approached Pitt and asked him what was wrong," the filing says.</p> <p dir="ltr">"Pitt accused her of being too deferential to the children and verbally attacked her."</p> <p dir="ltr">"He pulled her into the bathroom and began yelling at her. Pitt grabbed Jolie by the head and shook her, and then grabbed her shoulders and shook her again before pushing her into the bathroom wall."</p> <p dir="ltr">It is then when one of their children verbally defended Jolie, which caused Pitt to lash out.</p> <p dir="ltr">"Pitt lunged at his own child and Jolie grabbed him from behind to stop him. To get Jolie off his back, Pitt threw himself backwards into the airplane's seats injuring Jolie's back and elbow," the filing says.</p> <p dir="ltr">"The children rushed in and all bravely tried to protect each other. Before it was over, Pitt choked one of the children and struck another in the face."</p> <p dir="ltr">Pitt then proceeded to pour beer on Jolie, and beer and red wine on the kids.</p> <p dir="ltr">Jolie reported the incident to police, which also showed a photo of a bruise on Jolie's elbow and a "rug-burn type injury" on her hand.</p> <p dir="ltr">Despite all this, it was agreed that Pitt would not be charged.</p> <p dir="ltr"><em>Image: Getty</em></p>

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Ricky Martin hits back at “maladjusted” nephew with massive lawsuit

<p dir="ltr">Ricky Martin has filed a multi-million-dollar lawsuit against his 21-year-old nephew who previously accused the singer of sexual abuse.</p> <p dir="ltr">The suit comes a month after Martin’s nephew, Dennis Yadiel Sanchez, <a href="https://www.oversixty.com.au/finance/legal/truth-prevails-ricky-martin-addresses-nephew-after-harassment-case-heard" target="_blank" rel="noopener">withdrew a restraining order</a> laid against the 50-year-old celebrity.</p> <p dir="ltr">Martin filed the $US 20 million suit on Wednesday, as reported by TMZ, which contains claims from Martin that his nephew is a “maladjusted individual” who would message him up to ten times a day over a four-month period, threatening to “assassinate his reputation and integrity” if he didn’t give him cash.</p> <p dir="ltr">The <em>Livin’ La Vida Loca</em> singer also alleged that Sanchez shared his mobile phone number online and made an Instagram account for one of Martin’s children.</p> <p dir="ltr">He believes he has missed out on lucrative business opportunities, according to the suit, and is seeking the hefty sum for damages.</p> <p dir="ltr">Martin, who parents his four children with husband Jwan Yosef, said he and his family felt “unsafe” in Puerto Rico due to Sanchez’s alleged behaviour.</p> <p dir="ltr">In July, Martin shared a clip explaining why he hadn’t addressed Sanchez’s claims the pair were in an incestuous relationship when they first emerged.</p> <p dir="ltr">“For two weeks, I was not allowed to defend myself because I was following procedure, where the law … obligated me not to talk until I was in front of the judge,” Martin said in the clip while dressed in a suit and tie.</p> <p><span id="docs-internal-guid-f5ea56f4-7fff-6297-835b-a33656e0d008"></span></p> <p dir="ltr">Sanchez, who is the son of Martin’s half-sister Vanessa Martin, alleged he and Martin were in a relationship for seven months and that his uncle stalked him at his house following their breakup.</p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/p/CgRx1HwL36j/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/CgRx1HwL36j/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank" rel="noopener">A post shared by Ricky Martin (@ricky_martin)</a></p> </div> </blockquote> <p dir="ltr">In the video, Martin shared his relief over the dismissal of the case but noted the negative impact it had on his loved ones.</p> <p dir="ltr">“Thank God these claims were proven to be false, but I’m going to tell you the truth, it has been so painful and devastating for me, for my family for my friends,” he said. </p> <p dir="ltr">“I don’t wish this upon anybody.”</p> <p dir="ltr"><span id="docs-internal-guid-81b23761-7fff-62df-22c9-bb98fa88ba6c"></span></p> <p dir="ltr"><em>Image: @ricky_martin (Instagram)</em></p>

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Prince Andrew's latest claims in lawsuit

<p><span style="font-weight: 400;">Content warning: This article mentions child sexual abuse , which may be distressing to some readers.</span></p> <p><span style="font-weight: 400;">Prince Andrew has asked a judge to dismiss a sexual assault lawsuit laid against him by Virginia Giuffre, claiming she was over the age of consent.</span></p> <p><span style="font-weight: 400;">Ms Giuffre </span><a rel="noopener" href="https://www.oversixty.co.nz/finance/legal/the-powerful-and-rich-are-not-exempt-prince-andrew-sued-over-alleged-sexual-assault" target="_blank"><span style="font-weight: 400;">filed the lawsuit</span></a><span style="font-weight: 400;"> in New York in August and alleges the Duke of York sexually assaulted her three times when she was 17.</span></p> <p><span style="font-weight: 400;">She filed her case under the New York Child Victims’ Act, which allows victims of childhood sexual abuse aged 55 years or younger to sue their alleged abusers if they were under 18 when it occurred.</span></p> <p><span style="font-weight: 400;">However, documents logged by Prince Andrew’s lead lawyer Andrew Brettler call for the suit to be dismissed or for Ms Giuffre to provide a “more definitive statement”. The filing makes several claims, including that her case is barred by an agreement she signed with Epstein in 2009, that the Child Victims’ Act is “unconstitutional”, and that her claims are “ambiguous at best and unintelligible at worst”.</span></p> <p><span style="font-weight: 400;">In a section relating to the Child Victims’ Act, the royal’s lawyers </span><a rel="noopener" href="https://www.townandcountrymag.com/society/tradition/a38527448/prince-andrew-legal-filing-virginia-guiffre/" target="_blank"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;"> it is “not a reasonable mechanism to address the injustice of child sexual abuse in New York” because it classifies children under the age of 18 as minors “even though the age of consent in New York is 17”.</span></p> <p><span style="font-weight: 400;">“While lack of consent is established as a matter of law for individuals who were under the age of seventeen at the time of the alleged underlying sexual offense, the issue of consent is unsettled with regard to those - like Giuffre - who were between the ages of seventeen and eighteen,” the filing reads.</span></p> <p><span style="font-weight: 400;">Though the age of consent in New York is 17, an individual is only </span><a rel="noopener" href="https://www.findlaw.com/state/new-york-law/new-york-legal-ages-laws.html" target="_blank"><span style="font-weight: 400;">considered</span></a><span style="font-weight: 400;"> a “legal adult” when they turn 18, meaning a 17-year-old is still considered to be a minor. </span><span style="font-weight: 400;">Those aged between 17 and 18 can also </span><a rel="noopener" href="https://www.canberratimes.com.au/story/7552472/princes-lawyer-demands-sex-case-dismissal/" target="_blank"><span style="font-weight: 400;">establish a "lack of consent"</span></a><span style="font-weight: 400;"> through "implied threat", as Ms Giuffre has.</span></p> <p><span style="font-weight: 400;">Prince Andrew’s lawyers also claimed Ms Giuffre’s claims of a lack of consent by “implied threats” needs to be established, though there are no third parties who can testify to the abuse.</span></p> <p><span style="font-weight: 400;">“Here, the only witnesses to the purported implied threats under which Giuffre allegedly engaged in unconsented sex acts with Prince Andrew are Epstein (deceased), Maxwell (incarcerated), Prince Andrew (the accused) and Ms Giuffre herself,” his lawyers </span><a rel="noopener" href="https://www.news.com.au/entertainment/celebrity-life/royals/prince-andrews-lawyers-argue-virginia-roberts-giuffre-was-above-the-age-of-consent/news-story/eebb246423c29bc828e4ed77a9226821" target="_blank"><span style="font-weight: 400;">said</span></a><span style="font-weight: 400;">.</span></p> <p><span style="font-weight: 400;">Last month, Ms Giuffre’s lawyers accused the prince of “victim shaming” and using her to “gratify his own sexual desires”.</span></p> <p><span style="font-weight: 400;">In response, Mr Brettler said Ms Giuffre’s claims were “vague” because she provided different versions of events.</span></p> <p><span style="font-weight: 400;">“Giuffre’s refusal to include anything but the most conclusory allegations is puzzling given her pattern of disclosing to the media the purported details of the same allegations,” he said.</span></p> <p><span style="font-weight: 400;">“Perhaps it is Giuffre’s tendency to change her story that prompted her to keep the allegations of the Complaint vague, so as not to commit to any specific account.”</span></p> <p><span style="font-weight: 400;">However, Ms Giuffre stood by her claims.</span></p> <p><span style="font-weight: 400;">Her legal team confirmed they had issued the prince with a writ ahead of his pre-trial due to start in New York next month.</span></p> <p><span style="font-weight: 400;">Royal sources have claimed the royal has been “totally consumed” by the case, as he told his legal team last week to cancel their Christmas plans and said they must leave “no stone unturned”.</span></p> <p><em><span style="font-weight: 400;">Image: Getty Images</span></em></p>

Legal

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The now grown up baby from Nirvana's album cover is suing the band

<p>The baby who appeared on the famous Nirvana album cover in 1991 is now suing the band.</p> <p>Spencer Elden, who is now 30 years old, is suing surviving Nirvana band members Dave Grohl and Krist Novoselic, as well as Kurt Cobain's estate for allegedly <span>violating federal child pornography statutes and child sexual exploitation.</span></p> <p><span>The </span>lawsuit also names the photographer who snapped the image, Kirk Weddlem and the labels behind the release fo the album.</p> <p><span>Spencer was photographed naked as a child for the band's most </span>iconic album cover, and is now claiming <span>his legal guardians never signed a release “authorising the use of any images of Spencer or of his likeness, and certainly not of commercial child pornography depicting him.”</span></p> <p>Spencer claims he has <span>suffered “lifelong damages” and is also suing for distribution of private sexually explicit materials and negligence. </span></p> <p><span>The famous album cover was snapped by chance, as Spencer's father Rick was a good friend of the photographer.</span></p> <p><span>Nick spoke to NPR in 2008 and said, “[Weddle] calls us up and was like, ‘Hey Rick, wanna make 200 bucks and throw your kid in the drink.”</span></p> <p><span>The image, which shows a baby Spencer in the pool diving after a $1 note, quickly became an iconic image and Spencer has recreated the album cover several times to celebrate </span>anniversaries of the release. </p> <p>The lawsuit filed by Spencer states, <span>“The permanent harm he has proximately suffered includes but is not limited to extreme and permanent emotional distress with physical manifestations, interference with his normal development and educational progress, lifelong loss of income earning capacity, loss of past and future wages, past and future expenses for medical and psychological treatment, loss of enjoyment of life, and other losses to be described and proven at trial of this matter.”</span></p> <p><em>Image credits: Shutterstock</em></p>

Legal

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Now Kate’s friend threatens to sue Christian Porter

<p>In walking away from his defamation action against the ABC, cabinet minister Christian Porter has opened a fresh round in the battle over the allegation of historical rape against him by a now-deceased woman, known just as Kate.</p> <p>Jo Dyer, a friend of Kate – whose claim Porter denies – on Tuesday threatened to sue him, accusing him of impugning “my honesty and integrity”.</p> <p>There is also now a battle over the settlement concluded between Porter and the ABC.</p> <p>The federal court has yet to ratify the settlement, which involves expunging from the court record part of the ABC’s defence in the defamation case. But news organisations are seeking to have the material made public.</p> <p>Justice Jayne Jagot said on Tuesday the issue might not be a matter for the parties. “There has to be a reason for the removal of a document from a court file,” she said. “It’s not done just because a party wants to do it.”</p> <p>If a document is removed from the court file, there cannot be applications to see it.</p> <p>ABC journalist Louise Milligan, who Porter also sued in his case against an ABC article reporting the accusation without naming him, tweeted on Monday “We are still absolutely committed to the 27 redacted pages being in the public domain”.</p> <p>Dyer brought the successful legal action that resulted in Porter’s high profile barrister Sue Chrysanthou being prevented from appearing in the defamation case because of a conflict of interest.</p> <p>Dyer said in her statement her lawyers had sent a second “concerns notice” to Porter over his “continuing defamatory comments”. “He should be on notice that if I launch legal proceedings, I tend to see them through to their conclusion,” she said.</p> <p>She alleged two defamations by Porter. She said that on May 12, he implied her legal proceedings were “part of an improper last minute legal strategy to disrupt his now discontinued action”.</p> <p>“He did this despite knowing the real reason for the court action, and the lengths to which I had gone over the preceding two months to avoid court,” she said.</p> <p>“Yesterday Mr Porter alleged that, after ‘coaching’ from Ms Milligan, I had destroyed important communications that may have had a bearing on his now discontinued action against Ms Milligan and the ABC.</p> <p>"This is absurd. As I stated in court under oath, a number of people, of whom Ms Milligan was but one, encouraged me to treat all communications about our dear friend Kate, and the allegations she made against Mr Porter, with the care and respect she and they warranted.</p> <p>"I endeavoured to do so by both filing and deleting correspondence between me and other individuals as appropriate.</p> <p>"There was nothing improper, illegal or sinister in my decisions to save or delete certain messages, decisions that were taken well before Mr Porter launched his now discontinued action against Ms Milligan and the ABC.”</p> <p>Dyer said the allegations Kate made against Porter “remain completely untested. Until they have been investigated, it is untenable for Mr Porter to remain in cabinet.”</p> <p>Shadow Attorney-General Mark Dreyfus said an independent inquiry was needed into whether Porter was fit to continue as a cabinet minister. Dreyfus also said the ABC material should be publicly available.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important; text-shadow: none !important;" src="https://counter.theconversation.com/content/161911/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><span><a href="https://theconversation.com/profiles/michelle-grattan-20316">Michelle Grattan</a>, Professorial Fellow, <em><a href="https://theconversation.com/institutions/university-of-canberra-865">University of Canberra</a></em></span></p> <p>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/now-kates-friend-threatens-to-sue-christian-porter-161911">original article</a>.</p>

Relationships

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Meghan Markle asks for urgent court ruling over “breach of privacy”

<p><span>Meghan Markle’s lawyers have asked a judge to settle her lawsuit against a newspaper before it goes to trial.</span><br /><br /><span>The 39-year-old Royal is suing Associated Newspapers for an invasion of privacy and copyright infringement over five articles published in the<em> Mail on Sunday</em> and the <em>MailOnline</em> through February of 2019.</span><br /><br /><span>Her legal team have asked a British judge to rule that the publication released a "deeply personal" letter to her estranged father that was "a plain and a serious breach of her rights of privacy".</span><br /><br /><span>The publications included portions of a handwritten letter to her father, Thomas Markle, after her marriage to Prince Harry in 2018.</span><br /><br /><span>Associated Newspapers is contesting the claim, and a full trial is due to be held in the autumn at the High Court.</span><br /><br /><span>It is set to be one of London's highest-profile civil court showdowns for years.</span><br /><br /><span>The Duchess is seeking a summary judgement that would find in her favour and dismiss the newspaper's defence case.</span><br /><br /><span>Her lawyer, Justin Rushbrooke, has that the publisher has "no real prospect" of winning the case.</span><br /><br /><span>"At its heart, it's a very straightforward case about the unlawful publication of a private letter," he said at the start of a two-day hearing, held remotely because of coronavirus restrictions.</span><br /><br /><span>Rushbrooke said Meghan had an understanding that "a heartfelt plea from an anguished daughter to her father" would remain private.</span><br /><br /><span>Lawyers for the Duchess say Thomas Markle, a retired television cinematographer, caused anguish for Meghan and Harry before their May 2018 wedding.</span><br /><br /><span>He gave multiple media interviews and posed for wedding-preparation shots taken by a paparazzi agency.</span><br /><br /><span>He did not attend the wedding ceremony after suffering a heart attack.</span><br /><br /><span>Rushbrooke said Meghan's letter was "a message of peace" and it’s aim was "to stop him talking to the press."</span><br /><br /><span>He said the Duchess took steps to ensure the five-page, 1,250-word letter would not be intercepted.</span><br /><br /><span>She sent it by FedEx through her accountant to her father's home.</span><br /><br /><span>The letter begged Thomas Markle to stop speaking to the media, saying: "Your actions have broken my heart into a million pieces."</span><br /><br /><span>The last sentences, read out in court, were: "I ask for nothing other than peace. And I wish the same for you."</span><br /><br /><span>Lawyers for Associated Newspapers however have argued that Meghan likely knew the letter would one day be published.</span></p>

Legal

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Dream holiday turns into horror: Family sues after baby loses legs and fingers

<p>A British family is suing the Royal Caribbean cruise line after their nine-month-old daughter left their trip a triple amputee following a major misdiagnosis onboard.</p> <p>Phoebe Moon and her parents boarded the Symphony of the Seas in February, and found that their baby girl had become ill after they had settled in.</p> <p>“We had never taken her away before and we thought we would have the time of our lives in America, but sadly, it didn’t turn out that way,” said Phoebe’s mother Aimee.</p> <p><img style="width: 500px; height: 281.25px;" src="https://oversixtydev.blob.core.windows.net/media/7838022/phoebe-baby-amputee-2.jpg" alt="" data-udi="umb://media/f23261177ed24fb184dfd8d9c75adf58" /></p> <p>“We actually visited the infirmary five times that day and she just got worse and worse throughout the day,” she said.</p> <p>“Every time we went down (the infirmary), we were sent back to our cabin.”</p> <p>When they refused to leave, the parents say Phoebe was handed antibiotics.</p> <p>Eventually they got off the ship mid-cruise in St Martin to seek help.</p> <p>“When we got to St Martin’s hospital, they said they’ve got about 15 minutes to save her life,” explained Phoebe’s father, Luke.</p> <p>“They said to prepare for the worst because she’s very sick.”</p> <p>Phoebe’s feet, legs, and hands were handed swollen and purple - caused by a severe form of meningitis.</p> <p>“We were just in utter shock to think you left to go on holidays with your daughter and the prospect that you’re not going to be going home with her is unimaginable,” Aimee said.</p> <p>The family say that doctors in Fort Lauderdale had to amputate to save her life.</p> <p>Phoebe lost her feet and the fingers of her left hand.</p> <p><img style="width: 500px; height: 281.25px;" src="https://oversixtydev.blob.core.windows.net/media/7838023/phoebe-baby-amputee-1.jpg" alt="" data-udi="umb://media/94a00cd7e23d46218b7bc82551f82bd8" /></p> <p>The family has since filed a lawsuit against Royal Caribbean in Miami, with the family alleging that the cruise line’s doctors misdiagnosed Phoebe with “a stomach bug” despite her showing “classic signs of a life-threatening meningococcal meningitis infection”.</p> <p>Some of those symptoms included lethargy and high fever.</p> <p>Thomas Scolaro is the attorney for the family and told NBC 6: “Listening to their story just breaks my heart every time.</p> <p>“This would otherwise be the world’s most horrific case of medical negligence and damage to the world’s sweetest little child, but it gets substantially worse.”</p> <p>Her parents say every day is a struggle following their daughter’s life-changing surgery.</p> <p>“Even now all she wants to do is get down and walk, and it’s so difficult that she is unable to do that,” Aimee said.</p> <p>“And these challenges are just going to get harder as she gets older.”</p> <p>The family has given a message for other families planning to sail in the future.</p> <p>“We were always under the impression that the medical facilities and staff on a ship were world class and world leading,” Luke said.</p> <p>“We now think that isn’t the case. You are on your own at sea.”</p>

Legal

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Lawsuit bombshell shakes Kobe Bryant memorial service

<p>The widow of sporting star Kobe Bryant has sued the owner of the helicopter that crashed amidst fog and killed the former Los Angeles Lakers player, their 13-year-old daughter and seven other people aboard.</p> <p>Vanessa Bryant announced the wrongful death lawsuit in Los Angeles Superior Court and first said on Tuesday in an emotional public ceremony amidst hundreds of sporting legends and musical artists that she would be going ahead with the suit.</p> <p>The lawsuit says the pilot was carelessly negligent by flying in cloudy weather conditions on January 26 and should have aborted the flight that killed all nine people aboard.</p> <p>The lawsuit names Island Express Helicopters Inc. and also targets pilot Ara Zobayan’s representative or successor, listed only as “Doe 1” until a name can be determined.</p> <p>It claims Zobayan was negligent in eight ways, including failing to correctly assess the weather, flying into conditions he wasn’t cleared for and failing to control the helicopter.</p> <p><img style="width: 500px; height: 281.624500665779px;" src="https://oversixtydev.blob.core.windows.net/media/7834756/kobe-bryant-victims-2.jpg" alt="" data-udi="umb://media/ec128715b14e44ac8c73cd4d6a5f8bbb" /></p> <p>Ara Zaboyan,50  was flying Bryant, 41, and his daughter Gianna, 13, along with Payton Chester, 13; Sarah Chester, 45; Alyssa Altobelli, 14; Keri Altobelli, 46; John Altobelli, 56; and Christina Mauser, 38 when it crashed and killed them.</p> <p>The lawsuit was filed the morning of the public memorial service for Kobe Bryant and the rest of the lives taken in the crash, including Zobayan.</p> <p>It was held at a sold-out crowd at Staples Center, an arena Bryant spent most of his career making memorable highlights in the NBA and achievements not many other sporting stars can claim.</p> <p>Zobayan was Bryant’s frequent pilot and had been attempting to navigate in heavy fog that limited visibility to the point that the Los Angeles police and sheriff’s departments had even grounded their helicopter fleets.</p> <p>Under the visual flight rules that Zobayan was following, he was supposed to be able to see exactly where he was going.</p> <p>Zobayan was cited by the Federal Aviation Administration in May 2015 for violating those rules by flying into reduced visibility airspace, the lawsuit said.</p> <p>In his last transmission, Zobayan had told air traffic control he was climbing to 1219m, strictly to get above the clouds.</p> <p>He was just 30m short of breaking through the cloud cover when the helicopter banked left and plunged into a hillside, according to the National Transportation Safety Board.</p> <p>While there is no final conclusion on what caused the crash in Calabasas, there is said to be no sign of a mechanical failure.</p> <p>However, a final report will not be expected for a full year or so.</p>

Legal

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“Unlimited damages”: Parents of toddler who fell to her death on cruise ship proceed with lawsuit

<p>Royal Caribbean have failed to stop a multi-million dollar negligence suit that’s brought on by the parents of a toddler who fell 11 decks to her death, according to<span> </span><em><a rel="noopener noreferrer" href="https://www.dailymail.co.uk/news/article-7974255/Parents-toddler-fell-death-Royal-Caribbean-ship-proceed-lawsuit.html" target="_blank">The Daily Mail</a></em>.</p> <p>Royal Caribbean’s lawyers argued there was no case as Chloe Wiegand’s grandfather, Salvatore ‘Sam’ Anello, was solely to blame for dropping the girl onto the deck.</p> <p>However, US District Judge Donald L Graham denied Royal Caribbean’s motion to dismiss on Wednesday, ruling that the parents can proceed with their complaint.</p> <p>Alan and Kimberly Wiegand could claim “unlimited damages” for pain and mental suffering if their suit succeeds.</p> <p>However, the heartbroken couple say that their sole motivation is to force the cruise ship line to make their windows safer so that their daughter’s death is never repeated.</p> <p>The couple’s suit say that there were no signs or notices to warn Anello that the “wall of glass” around a child’s splash fool featured windows that could be opened by passengers.</p> <p>The suit also said that despite the ship’s windows having handles and a blue-green tint, that was useless to Anello as he is colourblind.</p> <p>In its motion to dismiss, Royal Caribbean denied breaching industry safety standards, saying that Anello “unquestionably” knew that the window was open and would only have to had used his “basic senses” to realise he was putting his grandchild in danger.</p> <p>“His actions, which no reasonable person could have foreseen, were reckless and irresponsible and the sole reason why Chloe is no longer with her parents,” the motion stated.</p> <p>Judge Graham determined in a seven-page ruling that the Wiegands’ suit had presented a factual and plausible case at face value. He also denied the motion to dismiss, explaining that Royal Caribbean had woven images and statements into their filing that “catapulted” the case into the discovery stage.</p> <p>Prosecutors in the US territory are still pressing charges against Anello, despite Chloe’s parents wanting them to stop.</p> <p>“We have never wanted charges filed against Sam because we know with all of our hearts that he would never put Chloe in harm's way,” they said last week, in a statement provided exclusively to DailyMail.com.</p> <p>“We will stand with Sam as long as it takes - but we cannot grieve as a family until the criminal charges are dropped.”</p> <p><em>Photo credits:<span> </span><a rel="noopener noreferrer" href="https://www.nbcnews.com/news/us-news/family-chloe-wiegand-who-died-falling-cruise-ship-sues-royal-n1099576" target="_blank">NBC</a><span> </span><br /></em></p>

News

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“I lost my mother”: Prince Harry and Duchess Meghan hit back

<p>The Duke of Sussex has issued a statement condemning a “ruthless” media campaign against his wife, Meghan, the Duchess of Sussex. </p> <p>Prince Harry has expressed his “deepest fear” is his wife suffering the same fate as his mother did, the late Princess Diana, who died in 1997. </p> <p>In a personally released statement, the 35-year-old royal said they were being forced to take action against the “bullying”. </p> <p>"I lost my mother and now I watch my wife falling victim to the same powerful forces,” he said. </p> <p>The Duke and Duchess of Sussex will be taking legal action against British tabloid the<span> </span><em>Daily Mail<span> </span></em>over publishing a private letter by the Duchess, which the couple allege was done so illegally. </p> <blockquote style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" class="instagram-media" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/p/B21AGRDH7qi/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="12"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"></div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"></div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"></div> </div> </div> <div style="padding: 19% 0;"></div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"></div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <p style="margin: 8px 0 0 0; padding: 0 4px;"><a style="color: #000; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none; word-wrap: break-word;" rel="noopener" href="https://www.instagram.com/p/B21AGRDH7qi/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank">Oh hi baby Archie! 👋🏼 Gorgeous smiles from the Duke and Duchess of Sussex’s four month old son as he makes his royal tour debut! They are visiting Archbishop Desmond Tutu in Cape Town. What a cutie! . . . . . . . #archieharrisonmountbattenwindsor#archie#dukeanddutchessofsussex#harryandmeghan#meghanmarkle#duchessmeghan#princeharry#archbishopdesmondtutu#capetown#southafrica#desmondtutuhivfoundation#royal#royalvisitsouthafrica#britishroyalfamily#sussexroyaltour</a></p> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;">A post shared by <a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px;" rel="noopener" href="https://www.instagram.com/emilynashhello/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank"> Emily Nash</a> (@emilynashhello) on Sep 25, 2019 at 1:52am PDT</p> </div> </blockquote> <p>He also said what was published had been edited to hide “lies” reported about her. </p> <p>Prince Harry condemned claims that have been thrown at the couple over the last months, admitting the process had been a “painful” experience for both of them. </p> <p>“Unfortunately, my wife has become one of the latest victims of a British tabloid press that wages campaigns against individuals with no thought to the consequences — a ruthless campaign that has escalated over the past year, throughout her pregnancy and while raising our newborn son,” Harry said on the<span> </span><a rel="noopener" href="https://sussexofficial.uk/" target="_blank">Royal Family’s official website.</a></p> <p>“There is a human cost to this relentless propaganda, specifically when it is knowingly false and malicious, and though we have continued to put on a brave face — as so many of you can relate to — I cannot begin to describe how painful it has been.”</p> <p>The Duke referenced the coverage of his mother Princess Di by saying his “deepest fear is history repeating itself”.</p> <p>“There comes a point when the only thing to do is to stand up to this behaviour, because it destroys people and destroys lives. Put simply, it is bullying, which scares and silences people. We all know this isn’t acceptable, at any level. We won’t and can’t believe in a world where there is no accountability for this,” he wrote.</p> <p>“Though this action may not be the safe one, it is the right one. I’ve seen what happens when someone I love is commoditised to the point that they are no longer treated or seen as a real person.</p> <blockquote style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" class="instagram-media" data-instgrm-permalink="https://www.instagram.com/p/B2-qwYgAmMa/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="12"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"></div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"></div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"></div> </div> </div> <div style="padding: 19% 0;"></div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"></div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" rel="noopener" href="https://www.instagram.com/p/B2-qwYgAmMa/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank">A post shared by ♡Meghan Markle Fan♡ (@hrhmeghanmarkleforever)</a> on Sep 28, 2019 at 7:58pm PDT</p> </div> </blockquote> <p>“I lost my mother and now I watch my wife falling victim to the same powerful forces.”</p> <p>The Duke and Duchess are suing<span> </span><em>Associated Newspapers<span> </span></em>which is the parent company of<span> </span><em>Mail on Sunday. </em></p> <p>The lawsuit has been issued over the misuse of private information, breach of the UK’s Data Protection Act 2018 and infringement of copyright. </p> <p>Duchess Meghan wrote a heartfelt and emotional letter to her father, Thomas Markle Senior, which he released to<span> </span><em>Mail on Sunday<span> </span></em>three months after the royal wedding in August 2018. </p> <p>Prince Harry wrote: “this particular legal action hinges on one incident in a long and disturbing pattern of behaviour by British tabloid media”.</p> <p>“The contents of a private letter were published unlawfully in an intentionally destructive manner to manipulate you, the reader, and further the divisive agenda of the media group in question,” he said.</p> <p><em>Mail on Sunday<span> </span></em>released their own statement, denying the royal’s claims. </p> <p>“The<span> </span><em>Mail on Sunday</em><span> </span>stands by the story it published and will be defending this case vigorously. Specifically, we categorically deny that the Duchess’s letter was edited in any way that changed its meaning,” a spokesperson said.</p> <p>Prince Harry also went on to point out in his statement that the coverage which is seemingly positive of his wife exposes the “double standards” of the press pack that “vilified her almost daily,” over the course of a year. </p> <p>“They have been able to create lie after lie at her expense simply because she has not been visible while on maternity leave. She is the same woman she was a year ago on our wedding day, just as she is the same woman you’ve seen on this Africa tour,” he said.</p> <p>“For these select media this is a game, and one that we have been unwilling to play from the start. I have been a silent witness to her private suffering for too long. To stand back and do nothing would be contrary to everything we believe in.”</p> <p>The legal proceedings are being privately funded by the Duke and Duchess of Sussex and any potential proceeds received in award damages will be donated to an anti-bullying charity.</p>

Travel Trouble

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Major heartbreaking change in Kevin Spacey lawsuit

<p>A male massage therapist who accused disgraced Hollywood heavyweight Kevin Spacey of sexual assault has died - however the lawsuit the star faces may still continue according to court records. </p> <p>Spacey, whose real name is Kevin Fowler, is being investigated in both London and Los Angeles over several allegations. </p> <p>The 60-year-old faces a titan federal lawsuit alleging he assaulted the late masseur, and his lawyers have filed a “notice of statement noting plaintiff’s death” in the federal case on Tuesday, according to<span> </span><a rel="noopener" href="https://www.thesun.co.uk/news/9957461/kevin-spacey-sexual-assault-allegations-accuser-dead/" target="_blank">The Sun. </a></p> <p>The filing said they were informed on September 11 of the masseur’s passing. </p> <p>“No further information or details have been given to Mr Fowler’s counsel, but Plaintiff’s counsel stated they intended to notify the Court with additional information at an appropriate time in the future.”</p> <p>The massage therapist claimed he was attacked by the Oscar winning actor three year ago during a massage session in Malibu, US. </p> <p>The actor also allegedly grabbed the masseur’s hand twice and guided it to his private parts. </p> <p>He has also been accused of asking to perform a sexual act on the massage therapist - which caused him to bolt from the session. </p> <p>The lawsuit could continue despite the therapist’s death. </p> <p>Spacey has been accused by more than a dozen men of sexual misconduct. </p>

Legal

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$4.9 million awarded to family of man who had heart attack on cruise ship

<p>The family of a man who had a severe heart attack while on a cruise ship and later died has been awarded a mammoth amount of money.</p> <p>Royal Caribbean Cruises has been ordered to pay AU$4.79 million (US$3.38 million) by a court in the US state of Florida.</p> <p>The court granted this verdict after hearing that a doctor on the Explorer of the Seas made a number of severe mistakes.</p> <p>Richard Puchalski boarded a Royal Caribbean cruise with his family in July 2016 in celebration of his 70th birthday.</p> <p>Not long into the voyage, he visited the medic on board, Dr Amanda Saunders, complaining of shortness of breath.</p> <p>The man was given medication and sent to rest back in his room when only half an hour later, the 70-year-old collapsed</p> <p>Two nurses did not provide any further treatment after being unable to lift him.</p> <p>Eventually the Mr Puchalski was taken back to the medic but his family’s lawyer, Michael Haggard, successfully argued that “there was an additional significant delay before he was transferred ashore".</p> <p>The 70-year-old father died four days later in a hospital in Juneau, Alaska.</p> <p>The lawsuit successfully argued that the doctor should have alerted the man’s family of his health issues and kept him for further monitoring and tests.</p> <p>The legal counsel's argument further believed Mr Puchalski should have been transferred back to shore for medical treatment when the extent of his illness was clear.</p> <p>A federal jury in Miami ruled that the Royal Caribbean was 70 per cent to blame for the circumstances that occurred. Blame was also placed on Dr Saunders and Mr Puchalski.</p> <p>“Until the cruise line industry makes the long-overdue, necessary changes to the standard of care, more families will suffer these life changing tragedies, and we will continue to file these lawsuits and present to juries these obvious cases of negligence,“ Mr Haggard explained to the <a rel="noopener" href="https://www.news.com.au/travel/travel-updates/incidents/family-of-a-man-who-had-a-heart-attack-on-a-cruise-ship-and-died-awarded-huge-payout/news-story/b656335ee672478e5258ee05f230d020" target="_blank"><em>Miami Herald</em></a> newspaper.</p> <p>Royal Caribbean, one of the world’s most popular and largest cruise lines, says it plans to appeal the ruling.</p> <p>“We respectfully disagree with the outcome of this case. We are considering our legal options, and we intend to appeal the decision,” the company said in a statement.</p> <p>What do you think about the medical care and assistance available on cruise ships? Let us know your thoughts in the comments below. </p>

Cruising

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6 of the strangest lawsuits ever filed

<p>Nobody really likes dealing with the law. But sometimes it can lead to some pretty whacky scenarios. Here are six of the strangest lawsuits ever filed. We’re sure you’ll agree these are just plain weird! </p> <ol> <li><strong>A case of mistaken identity</strong> – In 2006 US citizen Allen Heckard sued Michael Jordan and Nike founder Phil Knight for $832 million, due to his resemblance to the basketball star. Mr Heckard claimed to have suffered defamation, permanent injury and emotion pain through people mistaking him for MJ. Needless to stay, Mr Heckard dropped the lawsuit later that year.</li> <li><strong>Suing yourself</strong> – Well, as they say, “Only in America.” In 1995 Virginian prison inmate Robert Lee Brook sued himself. In his famous, handwritten seven-page lawsuit Mr Lee wrote, "For violating my religious beliefs, I want to pay myself $5 million, but I ask the state to pay it since I can't work." It goes without saying that the judge presiding over the case dismissed the lawsuit.</li> <li><strong>One expensive cup of Joe</strong> – This case was a media sensation which would famously go on to inspire an episode of Seinfeld. Stella Liebeck, then 79, was in the passenger seat of a parked car when she spilt a 45 cent cup of McDonald’s coffee on her lap, causing third-degree burns. Originally seeking $20,000 to cover medical costs, a jury awarded Ms Liebeck $160,000 in compensatory damages. Ms Liebeck and the fast food chain would eventually settle the matter out of court.</li> <li><strong>No same day service here</strong> – In perhaps one of the greater overreactions in the history of law and dry cleaning, a judge from Washington D.C. sued his neighbourhood dry cleaning services for $67 million after the dry cleaner misplaced a pair of trousers. While this seems funny and store proprietors Soo and Jin Chung won, they did have to close their stores to cover legal costs.</li> <li><strong>Haunted house seriously scary</strong> – in 2000, Cleanthi Peters sued Universal Studios for $15,000 claiming to have suffered extreme fear, mental anguish and emotional distress after visiting the theme park’s Halloween Horror Nights haunted house attraction, she claims was too scary.</li> <li><strong>Beer doesn’t equal beautiful women</strong> – in 1991 Richard Overton sued the makers of US beer Bud Light (and wasted a lot of time and money in the process) for false and misleading advertising under Michigan State law, referencing ads involving fantasies of beautiful women in tropical settings. </li> </ol> <p><strong>Related links:</strong></p> <p><em><strong><a href="/finance/legal/2016/02/alternatives-to-legal-action/"><span style="text-decoration: underline;">4 alternatives to legal action</span></a></strong></em></p> <p><em><strong><a href="/finance/legal/2016/01/10-celebrities-who-cut-their-kids-out-of-inheritances/"><span style="text-decoration: underline;">10 celebrities who cut their kids out of massive inheritances to give to charity</span></a></strong></em></p> <p><em><strong><a href="/finance/legal/2016/02/10-of-our-favourite-law-based-tv-shows/"><span style="text-decoration: underline;">10 of our favourite law-based TV shows</span></a></strong></em></p>

Legal

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