All Articles Tagged "lawsuit"
A model says Donald Trump doesn’t pay his bills. A former model for his Trump Model Management claims she was promised an annual salary of $75,000, but got only $3,380.75 for 21 jobs over the course of three years, the Daily News reports. That’s a big difference. That comes to just over $160 per job — pretty low for an agency model.
So Alexia Palmer has filed a federal lawsuit against Trump Model Management, and she is proposing class action. Palmer charges that between January 2011 and December 2013 the agency not only took an agency fee of 20 percent from her modeling income, but made her pay a variety of “obscure expenses” that took the rest of her money, according to court papers.
Palmer, who is of Jamaican heritage, moved to the United States after being promised a guaranteed salary by Trump. At 5-foot 10-inch, Palmer has posed for Chanel and Teen Vogue, among other work. According her lawyer, Naresh Gehi, her rights were “miserably violated.”
“My client should be paid what she was promised,” said Gehi.
“Palmer was reportedly discovered as a high school teen in 2010 when she placed second in Liverpool-based modeling titan Pulse’s 2010 ‘Caribbean Model Search.’ Her images were soon featured throughout London promoting top cosmetic lines, and she scored a shoot for Teen Vogue with members of the cast of the TV hit ‘Glee,'” reports The New York Post.
Carol Alt, Kim Alexis and former Miss Universe and Miss USA Olivia Culpo have been signed to Trump’s agency.
Another battle over a celebrity estate just got settled. The son of the late R&B icon Teddy Pendergrass was challenging the singer’s widow for control over the estate. But a suburban Philadelphia judge decided Pendergrass’s wife will retain control. Theodore “Ted” Pendergrass II tried to submit a “fraudulent” will dated May 2009. And Montgomery County Orphans’ Court Judge Stanley Ott called his testimony “wholly lacking in credibility.”
“We believe the proponent’s tall tale was hatched when he learned he was being disinherited by his father …,” Ott wrote.
The trial lasted eight days, during which Pendergrass II claimed a new will was executed by his father at a secretly arranged meeting on the side of a road in Delaware on May 24, 2009. And that the new will named him executor and beneficiary of his late father’s estate. But the judge questioned whether the paralyzed musician, who had a driver and used a specially equipped van, could have left his home that day without his nurses to finalize a such a will.
Nurses who cared for Pendergrass on May 24 “stated definitively that the decedent did not leave the residence at any time on the afternoon in question,” the judge wrote. The judge ruled that the will dated in March 2009 and giving Joan Pendergrass most of the estate will stand, reports The Huffington Post.
According to witnesses, the singer wanted his wife to control his estate and that he removed his son from his will “because he was disappointed in him,” states court papers.
According to court documents, Joan Pendergrass, an executive manager of an athletic shoe company, met the singer in 2006 and they were married two years later.
“The estimated value of the estate has not been revealed. The battle was unique because it didn’t deal with traditional items such as bank accounts and property but with royalties and the music legend’s legacy and the use of his name,” reports Mainline Media News.
Teddy Pendergrass was paralyzed in a Philadelphia car accident in 1982 and died of colon cancer in 2010 at age 59.
Wendy Williams is being sued. No, not by some disgruntled celebrity but by a former intern who says the daytime talk show diva failed to pay proper wages.
One intern, Anthony Tart, has filed 12-page complaint against The Wendy Williams Show, Lionsgate, and Debmar-Mercury claiming he and more than 100 other interns were “illegally classified as minimum wage-exempt workers for the chat show,” reports Black America Web. If this is the case, this is a violation of state and federal laws in New York.
But Deadline reports that a potential class-action suit filed in federal court last week claims that this has been the norm at The Wendy Williams Show since 2008. This move allowed the company to minimize labor costs.
According to Tart however, he received no “educational or vocational training” while doing work that full-time employees would typically handle.
“Tart was hired by Defendants in or about August 2012 and performed various tasks including, but not limited to, washing dishes, getting coffee, picking up art supplies, stocking printers, throwing out garbage, and creating a tape library,” court documents state.
Tart wants an undisclosed amount, to be determined by a judge at trial, for the work he did just for one month — between August and September 2012. During that time, he worked there two days per week. So a relatively short stint.
This isn’t the first time Williams has been sued. Former Williams publicist Nicole Spence filed suit against the talk show host and her husband Kevin Hunter claiming that Hunter sexually harassed her. Williams settled the lawsuit out of court.
This is no laughing matter: Comedy stars and brothers Shawn and Keenen Ivory Wayans are being sued.
According to law firm S&E Azriliant, the Wayans brothers owe them more than $60,000. The brothers hired the firm in 2005 for managing taxes and creation of corporations, according to documents. The firm says the brothers began “dodging” payments in 2008, reports The New York Daily News.
S & E Azriliant claims “Keenen owes $21,825 … and Shawn owes $22K. Additionally, they owe another $20,200 together,” reports TMZ.
S&E Azriliant filed the suit in Manhattan Supreme Court. The firm wants the money it’s due plus interest.
Now we know the Wayans brothers have the cash, so we wonder if there is something else going on. After all between just these two of the mega successful siblings, they have such hit films as White Chicks, Don’t Be A Menace To South Central, Scary Movie, I’m Gonna Git You Sucka and the groundbreaking In Living Color TV series between them. You can catch Keenen on NBC’s Last Comic Standing. Shawn is still doing stand up.
People drink Red Bull for an extra jolt of energy they can’t find anywhere else. But a lawsuit found that the popular drink is no more effective than a good old cup of java. This despite Red Bull’s “give you wings” advertisement that promised increased performance and concentration.
So now the Austrian drinks company has agreed to a $13 million settlement with American consumers. If you drank a can of Red Bull in the past 12 years you may be able to claim $10. Woo hoo! That’ll give you wings.
The settlement still has to be approved by the U.S. District Court of the Southern District of New York. But under the settlement, any consumer who bought a Red Bull between Jan. 1, 2002, and Oct. 3, 2014, either $10 cash or $15 worth of Red Bull products, according to law firm Morelli Alters Ratner.
And get this: no proof of purchase is needed for claims. All you do, is make the claim online.
The lawsuit was filed by Benjamin Careathers who alleged Red Bull was “misleading customers” by making claims about the “functional beverage” and its ability to “give you wings” despite reports concluding energy drinks had the same benefit as the average dose of caffeine consumed in coffee, reports NBC News.
Red Bull did not respond to requests for comment by NBC News but in previously issued a statement that said it had settled the lawsuit to “avoid the cost and distraction of litigation” and maintains that its marketing has “always been truthful and accurate.”
The heirs of an early face of “Aunt Jemima” are suing Quaker Oats for $2 billion for their contribution thus far and future sales.
The original Aunt Jemima appeared in 1890. Nancy Green was born a slave in Kentucky in 1834. She died in 1923, a free woman, after being struck by a car in Chicago. Quaker Oats acquired the company in the 1920s and Anna Short Harrington became the new Aunt Jemima in the 1930s. Her descendants say she, Green and the other spokeswomen were more than just the face of the brand.
“The federal suit, filed in Chicago in August by two great-grandsons of Anna Short Harrington, says that she and Green were key in formulating the recipe for the nation’s first self-rising pancake mix, and that Green came up with the idea of adding powdered milk for extra flavor,” writes USA Today. Harrington’s family say she added “potato grease” to the recipe. And Green is credited with adding powdered milk to the flour.
Quaker Oats, which still owns the Aunt Jemima brand and is a subsidiary of PepsiCo, says that the actual Aunt never existed.
“The image symbolizes a sense of caring, warmth, hospitality and comfort and is neither based on, nor meant to depict any one person,” the company said in a statement. It should be noted that the image above is a much more recent one, introduced in 1989. You can see the original “Mammy” figure here, which accompanies an interesting interview with the founder of the Jim Crow Museum of Racist Memorabilia, located in Michigan.
Documents associated with the lawsuit include Green’s appearance in Aunt Jemima ads. There are no contracts that have been found between Green or any of the other models and anyone associated with the Aunt Jemima company. However, given the time period and the way things were, that shouldn’t be a surprise. Experts say there’s a statute of limitations on any claims of being misled in a contract.
We’ve come to love Aunt Jemima products so much that it’s easy to forget the troubled past of this brand and many others that bear the images and involvement of Black Americans. In fairness, it seems Quaker should offer something to these descendants even if they don’t have all of the paperwork to prove every claim. Certainly, they have to recognize that all of the contributors to this successful brand didn’t get what they deserve.
Now we all love Auntie/Mama Patti. But we can’t help but notice that she certainly deals with her fair share of drama, even in past few years. Remember the instance where she allegedly assaulted a woman and her young daughter? Patti eventually settled but there seems to be some more trouble coming her way with another, more severe violent attack.
According to the Associated Press, an ex-West Point cadet is claiming that LaBelle ordered her bodyguard, Efrem Holmes, to beat him up. The beat down allegedly resulted in a brain injury, forcing him to drop out of military academy.
This past November Holmes was acquitted for misdemeanor assault.
But King filed a countersuit. The case went from civil to federal court. The trial is expected to last a week and LaBelle, who was in court on Tuesday, is expected to testify
The lawsuit, filed by cadet Richard King, states that he was waiting for his family to pick him up at the Bush Intercontinental Airport in 2011 when LaBelle’s bodyguard and two others attacked him. King was on spring break from West Point.
King sued LaBelle, LaBelle’s manager and her son, her bodyguard and her hair dresser Norma Harris.
Though Raley had a blood alcohol level three times the legal driving limit, his attorney said he wasn’t driving and not a threat to anyone.
King claims he was minding his own business outside the airport when he was attacked, without provocation by a 400-pound Holmes, Edwards and Harris.
King later dropped out of West Point because he said he suffered a traumatic brain injury after hitting his head on a concrete pillar.
LaBelle’s attorney, Geoffrey Bracken, told jurors that King was the aggressor, who punched Edwards first. LaBelle’s attorneys claimed King hurled racial insults at the singer before he attacked her son. They also claim that King was told several times to step away from LaBelle’s vehicle after he tried to open the passenger door.
LaBelle’s attorneys alleged if he had not been drinking this never would have happened.
The lawsuit seeks unspecified damages.
The battle between Marvin Gaye’s family and Robin Thicke isn’t over. Although in January the family settled a part of their lawsuit with Sony/ATV over the similarities between Thicke’s hit song “Blurred Lines” and Gaye’s “Got to Give It Up,” the lawsuit, which also names producer Pharrell Williams and T.I., was far from over. And it just got even more interesting.
Gaye’s children added a new twist to their evidence. They delivered a “Blurred Lines/Got to Give It Up” mashup to a California federal judge. According to The Hollywood Reporter, Nona Gaye, Frankie Gaye and Marvin Gaye III have now filed their summary judgment papers, directing the judge to recorded depositions and media interviews given by producer Pharrell and singer Thicke. Additionally, they submitted an audio mashup to serve as “concrete musical illustrations of the substantial similarities” between the two songs.
This could be “quite possibly the first time ever in a courtroom that a mash-up has been exploited to prove copyright infringement,” reports THR.
In the mashup, the vocals of “Blurred Lines” plays over the instrumental of “Got to Give It Up,” and then vice versa. “This material sounds like a perfect, natural match because it blends sonically,” says the summary judgment memorandum.
The Gayes also presented two expert musicologists describing eight substantial similarities: “(1) the signature phrase in the main vocal melodies; (2) the hooks; (3) the hooks with backup vocals; (4) the core theme in ‘Blurred Lines’ and backup hook in ‘Got to Give it Up’; (5) the backup hooks; (6) the bass melodies; (7) the keyboard parts; and (8) the unusual percussion choices,” reports Black America Web.
Getting down to the nitty-gritty, in a preemptive strike, the plaintiffs instead described these as “unprotectable, commonplace ideas,” but the counterclaimants retort they are distinctive. Take the bass melodies, for instance. Both songs are said by the musicologists to have “two-measure phrases, which leave space in the middle of each of the bars, rhythms, and points of harmonic arrival. This is not simply an element of a genre, as it is unusual to have bass lines in R&B that leave this much space in the middle of the bar.”
A jury trial is not scheduled until Feb. 10, 2015.
Take a listen. What do you think?
Seems like Wesley Snipes can’t catch a break. Released from serving three years in prison for tax evasion not long ago, Snipes was allegedly served court papers while walking the red carpet to promote his new movie The Expendables 3 in Hollywood. On his way to the after-party, he was served with a notice ordering him to appear for a debtor’s examination, reports RadarOnline.
Snipes is being sued by powerful public relations agency Sitrick & Company for failure to pay fees associated with work the company did when the actor was facing felony tax evasion charges. Sitrick & Co. had already been given a judgment, which Snipes failed to pay and which has now grown to more than $103,000.
According to court documents, Snipes has been ordered to “furnish information to aid in enforcement of a money judgement.” It also says that he “may be subject to arrest and punishment for contempt of court, and the court may take an order requiring [him] to pay reasonable attorney fees incurred by the judgment creditor in this proceeding.”
In 2008, Snipes was convicted of three misdemeanor counts of failure to file tax returns for three years, and not paying taxes worth $7 million. He appealed and lost and was sentenced to three years in prison. He was finally released in 2013.
Snipes needs to land in a blockbuster to catch up where his career left off and hopefully pay the bills. The star-studded Expendables film, featuring Sylvester Stallone, Antonio Banderas, Jet Li, Mel Gibson, Harrison Ford and Arnold Schwarzenegger, among others, failed to live up to the hype. It raked in just $15.8 million during its Labor Day three-day opening weekend. (The Expendables 2 did $28.6 million in three days.) The latest installment was victim to a leak three weeks ahead of its theatrical release.
Let’s hope Snipes settles up soon with Sitrick & Company so he won’t be headed back to the slammer and can concentrate on his film comeback.
Kendrick Johnson, a Georgia high school student was found dead in his high school gym in January. His body was found wrapped in a gym mat in the Lowndes High School gym. An initial investigation found that his death was accidental, caused by “positional asphyxia.” However, Johnson’s family expressed their belief their son’s death was a homicide and that the suffocation explanation was simply a “cover up.” The parents of two of Johnson’s classmates who were accused of taking part in his murder have filed a federal lawsuit against Ebony magazine and journalist Frederic Rosen claiming they slandered their childrens’ images. They’re seeking $5 million.
The classmates, Brian and Brandon Bell, sons of a Valdosta FBI agent, were depicted fictitiously as Chris and Clark Martin in the articles describing the case, written by Rosen. Rosen wrote that they were “possible suspects” in the murder.
“Tweets goes on to state that Chris Martin had the motive to murder KJ because of previous fights they had, resulting in a ‘prior animus’ going back at least two years,” reports The Jasmine Brand.
Despite the name changes, the Bells say people figured out who the article was referring to. Therefore, the boys were identified on social media and faced with threats. The lawsuit’s brief goes on to say that the Bell brothers aren’t guilty of any crime because video surveillance and witness comments indicate they were not near the gym; they were in class on en route to another school for a wrestling match.
You can read the court documents surrounding the case on the The Jasmine Brand. MadameNoire was in touch with Ebony. The magazine has no comment and at this time.