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Torts
Libel
Slander

David V. Beckham v. Bauer Publishing Company, LP, et al.

Published: Mar. 12, 2011 | Result Date: Jan. 14, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 2:2010-cv-07980 Bench Decision –  Dismissal

Court

USDC Central


Attorneys

Plaintiff

Richard B. Kendall

Joshua Y. Karp

Bert H. Deixler
(Kendall Brill & Kelly LLP)

Philip M. Kelly
(Kendall Brill & Kelly LLP)


Defendant

Paul R. Jensen

Elizabeth A. McNamara
(Davis, Wright & Tremaine LLP)

Kevan Choset

Alonzo B. Wickers IV
(Davis, Wright & Tremaine LLP)


Facts

International soccer star, David Beckham, sued Bauer Publishing Co. L.P., Bauer Magazine L.P., Bauer Media Group, Inc., Heinrich Bauer North America, Inc., and Michelle Lee, publishers of In Touch weekly magazine for libel and intentional infliction of emotional distress; and Irma Nici for slander and intentional infliction of emotional distress.

Contentions

PLAINTIFF'S CONTENTIONS:
Beckham alleged that a story published in the magazine, claiming that Beckham cheated on his wife with prostitute Irma Nici was false and defamatory. Beckham is married to former Spice Girl, Victoria "Posh Spice" Beckham.

Beckham acknowledges that he was in New York and London when the alleged trysts in those two cities took place. However, Beckham denied ever meeting the prostitute and introduced evidence that the story is false.

DEFENDANTS' CONTENTIONS:
The magazine has not retracted the story and claimed that it did everything possible to corroborate details from the prostitute's on-the-record interview and that the story was consistent with Beckham's reputation as a serial philanderer.

The magazine did not contest the falsity of the story for the purposes of the anti-SLAPP proceedings, but agreed that the magazine lacked actual malice.

Damages

Beckham sought $25 million in damages.

Result

U.S. District Judge Manuel Real denied Beckham's application for discovery, and granted the magazine's anti-SLAPP motion. Judge Real found that Bauer did not act with actual malice in publishing the story about Beckham, who is a public figure. Beckham has stated that he will appeal the ruling.


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