Digital Media Law Project
Published on Digital Media Law Project (https://www.dmlp.org)

Home > Arthur v. TMZ.com (state)

Arthur v. TMZ.com (state) [1]

Submitted by DMLP Staff on Sun, 09/21/2008 - 11:11

Summary

Threat Type: 

Lawsuit

Date: 

04/21/2008

Status: 

Pending

Disposition: 

Material Removed

Location: 

Texas

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
Virgie Arthur, the mother of deceased celebrity Anna Nicole Smith, filed a defamation suit against a number of bloggers and others in Texas state court, alleging that the defendants conspired to ruin her reputation through defamatory e-mails, blog and website postings, and... read full description
Parties

Party Receiving Legal Threat: 

Howard K. Stern, Bonnie Stern; Lyndal Harrington; Art Harris; Nelda Turner; Teresa Stephens; Harvey Levin; TMZ Productions Inc.

Type of Party: 

Individual

Type of Party: 

Individual
Organization

Location of Party: 

  • Texas

Location of Party: 

  • California
  • Texas
  • Georgia

Legal Counsel: 

Neil C McCabe (The O'Quinn Law Firm)

Legal Counsel: 

William W. Ogden (for Harington & Turner); Art Harris (pro se); Richard Wolf Hess (for Levin And TMZ); Howard K Stern (pro se); Teresa Stephens (pro se)
Description

Virgie Arthur, the mother of deceased celebrity Anna Nicole Smith, filed a defamation suit against a number of bloggers and others in Texas state court, alleging that the defendants conspired to ruin her reputation through defamatory e-mails, blog and website postings, and other activities.

Among the defendants are gossip site TMZ.com and TMZ.com editor Harvey Levin, who allegedly posted a defamatory article entitled "Virgie has son with her stepbrother [2]" (now removed). Arthur also claims that defendant Art Harris allegedly made defamatory postings on his blog, The Bald Truth [3].

Aside from these two articles, Arthur's complaint does not delineate each defendants' allegedly defamatory statements. Instead, Arthur accuses the "cabal" as a whole of publishing defamatory articles and otherwise engaging in a general conspiracy to defame her.

Arthur also sought to add many of these same defendants to her related federal lawsuit, but that court denied her motion. See Arthur v. TMZ.com (federal) [4] for more information. Arthur also has subpoenaed defendant Harrington in the federal case. See Arthur v. Harrington [5].

Update:

5/22/09 - Lyndal Harrington was held in civil contempt and sent to jail for not turning over a computer containing information subpoenaed by Smith.

Trial set for 06/01/2009.

Related Links: 

  • E! Online: Anna Nicole's Mom Suing Mad at Stern, TMZ [6]
  • The Red Couch: A New Day for Virgie [7]
  • Jossip: Anna Nicole’s Mom Sues TMZ for Business as Usual [8]
  • MLRC: Arthur v. Stern (scroll to entry for Arthur v. Stern, No. 2008-24181 [9]
  • The Life and Death of Anna Nicole Smith [10] (court documents)
  • The Life and Death of Anna Nicole Smith: Texas Has Jurisdiction Over Howard K. Stern. State Court Suit Against Bloggers And Additional Defendants Will Move Forward [11]
  • Chron.com: Blogger jailed for contempt in Smith case [12]
Details

Web Site(s) Involved: 

TMZ.com [13]

The Bald Truth [3]

Rose Speaks: From Legalese to English [14]

Content Type: 

  • Text

Publication Medium: 

Blog

Subject Area: 

  • Defamation
Court Information & Documents

Jurisdiction: 

  • Texas

Source of Law: 

  • Texas

Court Name: 

District Court of Harris County, Texas

Court Type: 

State

Case Number: 

No. 2008-24181

Relevant Documents: 

PDF icon 2008-04-21-Complaint Against TMZ in State Court.pdf [15]
PDF icon 2008-08-08-Stephens Request for Expedited Subpoena of Yahoo.pdf [16]
PDF icon 2008-08-11-Stephens Answer.pdf [17]
PDF icon Arthur_vs_Stern_Motion_to_Compel_BStern_Harrington_Harris_Turner.pdf [18]
CMLP Information (Private)

Threat Source: 

Google News

CMLP Notes: 

"The Life and Death of Anna Nicole Smith" is a good site to check for updates.

Updated 1/23/09 - VAF

Comments

Arthur V Turner????? [19]

Submitted by para on Fri, 01/23/2009 - 10:58

Woww Mrs.Arthur is feeling paranoia .She need a psyc.help insted of a lawsuit, to see some "defamation or complicity" in her story! I knew Mrs.Arthur on tele. when she accused and was talking to her daughter,Anna Nicole Smith.Then I saw Mrs.Arthur on Florida,where her attitude was really unbelivable,and unrespectful for her daghter. Then I fallow Mrs.Arthur to Bahamas,for funeral,of our beloved Anna Nicole. Her actions on every apparence prouved to me that this woman(Arthur),made her own reputation.A reputation of a cold and happy mother, who just lost her daughter and grandson.For the ordinary persons ,she was acting like she just win a free trip to Bahamas and Florida. I personally, never ever see a grandmother, who love her daugther and grandson act like that.Don't really see where Mrs.Arthur,who made her own reputation,by her own actions,can see defamation or conspiration to ruin her reputation.

VA/against the Word /bloggers and tmz [20]

Submitted by just idea on Tue, 03/03/2009 - 11:58

It is in my idea,this case in state court will be redirect to federal court, regarding possible fraud in federal court.
Some in Texas should look at this lawsuit and see how O'quinn firm is working in this matter.
It come important when it is regarding the LAW.

DMLP Logo


Source URL (modified on 08/20/2014 - 11:06pm): https://www.dmlp.org/threats/arthur-v-tmzcom-state

Links
[1] https://www.dmlp.org/threats/arthur-v-tmzcom-state
[2] http://www.tmz.com/2007/04/19/virgie-has-son-with-her-stepbrother/
[3] http://www.artharris.com/
[4] https://www.dmlp.org/threats/arthur-v-tmzcom-federal
[5] https://www.dmlp.org/threats/arthur-v-harrington
[6] http://www.eonline.com/uberblog/b132618_Anna_Nicoles_Mom_Sui.html
[7] http://the-red-couch.blogspot.com/2008/04/new-day.html
[8] http://www.jossip.com/anna-nicoles-mom-sues-tmz-for-business-as-usual-20080422/
[9] http://www.medialaw.org/Content/NavigationMenu/Hot_Topics/Lawsuits_Against_Bloggers/Lawsuits_Against_Bloggers.htm
[10] http://annanicoleandhowardkstern.com/arthur-vs-stern-et-al-houston/
[11] http://annanicoleandhowardkstern.com/2008/06/texas-has-jurisdiction-over-stern-addition-of-bloggers-denied-in-arthur-vs-stern/
[12] http://www.chron.com/disp/story.mpl/front/6442644.html
[13] http://www.tmz.com
[14] http://www.rosespeaks.com/
[15] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-04-21-Complaint%20Against%20TMZ%20in%20State%20Court.pdf
[16] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-08-08-Stephens%20Request%20for%20Expedited%20Subpoena%20of%20Yahoo.pdf
[17] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-08-11-Stephens%20Answer.pdf
[18] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/Arthur_vs_Stern_Motion_to_Compel_BStern_Harrington_Harris_Turner.pdf
[19] https://www.dmlp.org/comment/1213#comment-1213
[20] https://www.dmlp.org/comment/1260#comment-1260