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Category: Everyone's Got an Attorney

Kris Humphries: Annul it, void it, just make it all go away

Kris Humphries wants an annulment

Kris Humphries is having a legal field day this week, parrying soon-to-be-ex-wife Kim Kardashian's divorce petition with a request for legal separation and an annulment instead -- and as of Friday he reportedly wants their prenup disappeared as well.

Humphries asked for an annulment of the marriage in a response filed Thursday in L.A. Superior Court. Kardashian filed for divorce on Oct. 31 after 72 days of wedded bliss or something. TMZ said Friday that the pro basketball player wants the annulment for religious reasons.

The annulment is being sought on the grounds of fraud, according to court documents. That sounds pretty nasty, but it's also a box that can be checked if it can't be alleged that one or the other party involved was already married, was too young to get married or was physically incapable of getting married at the time of, you know, getting married.

PHOTOS: Celebrity breakups of 2011

Of course, there are also the boxes alleging that someone wasn't of sound mind at the time of the wedding, or that someone was forced to say "I do." But there we are again, getting back into nasty territory. Plus the last two don't count if the parties lived together freely after getting hitched -- and of course, Kris and Kim's cohabitation was captured on camera for the sake of reality TV.

Oops.

Humphries wants the prenup voided not because of any his-and-hers property issues but rather, according to Radar Online, to nix what a source calls an "extensive" confidentiality clause.

"Kris wants to be able to talk about the situation without being sued," said a Radar source supposedly close to the situation. Apparently, the thinking is that if the marriage were annulled, it would be as if it never existed, so a prenup would become moot. Well, never existed except for the two-part TV special.

Kim, meanwhile, doesn't appear too worried about a judge buying that the marriage was contrived for the cameras. She's reportedly told friends that as a "marketing genius" along with mom Kris Jenner, there's no way she'd set herself up for the Kardashian brand bashing that has resulted from filing for divorce.

Also, the couple still have not yet determined an important element of their split: Who gets Bruce Willis? Oh wait -- that's a different divorce.

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— Christie D'Zurilla
Twitter.com/dzurillaville

Photo: Kris Humphries in New York City in November. Credit: Donald Bowers / Getty Images


Justin Bieber to take DNA test; Mariah Yeater team says bring it

Justin Bieber with his MTV Europe Music Awards

Justin Bieber will reportedly submit to a paternity test upon his return from Europe — and if it proves he's not Mariah Yeater's baby daddy, she might be on the receiving end of a lawsuit courtesy of the Biebs.

Her lawyers, meanwhile, said they are encouraged to be getting what they asked for, because in their view having the 17-year-old pop star submit to DNA testing is the only way to figure out who fathered their client's 3-month-old child.

"We are encouraged that Justin Bieber will voluntarily take the paternity test," attorneys Lance Rogers and Matt Pare told TMZ, adding that the child-support lawsuit was filed "in good faith" and isn't going away any time soon. TMZ broke the news that Bieber would do the DNA test.

Yeater filed a lawsuit in San Diego on Halloween, alleging that she and Bieber had had brief, virginity-stealing sexual intercourse (his virginity, not hers) in a bathroom backstage after his Oct. 25 show in L.A., after which he wouldn't give her his phone number.

The 20-year-old will be going even more public with baby boy Tristyn and her version of her 30 seconds with Bieber in an interview with "The Insider" set to air Monday night. E! Online quotes her as saying their encounter "went from cute and gushy, you know, to just more aggressive."

Bieber said Friday on "Today" that he'd "never met the woman." Yeater reportedly told ex-boyfriend John Terranova last December that she was preggers and that he — Terranova — was the father.

Mariah Yeater pictureTerranova, who'd dated Yeater for four years, told the Sunday Mirror that his ex "came back here from California telling me she was pregnant with my child. I said, 'This is impossible, you've been in California two months and back here for only a week.' She told me, 'No, I got pregnant before I left.' But it didn't make sense because she had a doctor’s note saying she wasn't pregnant enough for that to be possible."

Yeater's visit to Terranova's place in Las Vegas ended in her arrest on suspicion of domestic battery, for which she headed to court in Clark County, Nevada, on Dec. 12.

Unnamed friends, meanwhile, told the Mirror that Yeater also had mentioned a "secret boyfriend" named Steve as the baby's father.

"It's disappointing that people would stoop so low," a source told People, regarding the likelihood of a lawsuit from Team Bieber, "but somebody needs to stand up to them." A Bieber attorney said last week that they would "vigorously pursue all available legal remedies to defend and protect Justin against these allegations."

Bieber is currently in Europe, in part for the MTV Europe Music Awards on Sunday night in Belfast, Northern Ireland, where he performed live and took home awards for best male and best pop act.

Also, ladies, for the record: The Biebs' girlfriend, Selena Gomez, performed at the show as well.

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— Christie D'Zurilla
twitter.com/dzurillaville

The Associated Press contributed to this report.

Top photo: Justin Bieber with his MTV Europe Music Awards for best male and best pop act in Belfast, Northern Ireland, on Nov. 6. Credit: Luke Macgregor / Reuters

Bottom photo: Mariah Yeater in a booking photo last December after she was arrested on suspicion of battery domestic violence, destroying property and making threatening phone calls in Las Vegas. Credit: Las Vegas Metropolitan Police Department / Getty Images


Linda Evangelista wants big money from Salma Hayek's husband

Linda Evangelista with Catherine, Duchess of Cambridge

Linda Evangelista is seeking child support from Salma Hayek's husband, Francois-Henri Pinault -- and she's not being shy about it. Does $46,000 a month sound sufficient?

"That would probably be the largest support order in the history of the Family Court," the judge in the case said, according to the New York Post. It would cover, among other things, a 24-7 nanny and armed drivers, Evangelista said last week in a deposition.

Pinault was recently identified in court documents as the father of Evangelista's 4-year-old son, Augustin James. Pinault and Hayek, who took a break in 2006 then married in February 2009, have a nearly 4-year-old daughter together, Valentina.

The supermodel conceived in early 2006, with the actress sealing the baby deal later that year after she and Pinault had reconciled.

Evangelista's lawyer argued that while Pinault had lavished more than $46,000 a month on Valentina's expenses and more, he'd not paid anything to support Augustin. Evangelista in 2007 denied rumors that Pinault was the father.

Pinault's family is worth $11.5 billion, the Post said. Pinault's lawyer said the model is worth more than $8 million and earned nearly $2 million last year. The court is expected to make its decision in a month.

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-- Christie D'Zurilla
twitter.com/dzurillaville

Photo: Linda Evangelista, center, and her on-again, off-again beau Peter Morton (think Hard Rock Cafe) chat with Catherine, duchess of Cambridge, in Beverly Hills on July 10. Credit: Karen Ballard / Getty Images


Melissa Molinaro has had a 'crazy week' (thanks, Kim Kardashian)

Melissa Molinaro

Melissa Molinaro, the woman who stars in the Old Navy ad campaign that sparked a lawsuit this week from Kim Kardashian, is having a bad week.

"I had a night mare last night...so scary :( wanted to run into my parents room like when I was little," she said Friday on Twitter, adding later, "I say I had a bad dream. And u guys just know what about...w out me saying. Its been a crazy week I can't wait for this all to be over :( "

This from the woman who back in February was calling the Kardashian comparisons flattering -- and who's rumored to be dating Kardashian ex Reggie Bush.

Kardashian filed a lawsuit Wednesday against Old Navy and its parent company, Gap, alleging illegal use of her public image in the campaign starring Molinaro. She was not named as a defendant, incidentally, but had expressed her disbelief to a friend via Twitter. 

"Were still talking about this?!," she wrote. "Its JULY this aired in February...some people have too much time on there hands."

Kardashian, meanwhile, is "a businesswoman who has to protect her brand" rather than allowing another company to use it to sell clothes, an insider told Us Magazine. "Bottom line."

The silver lining for Molinaro? Her "Dance Floor" music video on YouTube had more than 400,000 views by Friday. Check it out, below.

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-- Christie D'Zurilla
Twitter.com/dzurillaville

Photo: Melissa Molinaro at a Victoria's Secret event in Los Angeles in May. Credit: Gregg DeGuire / PictureGroup / Associated Press

 


Kim Kardashian sues Old Navy over ads starring lookalike [Poll]

Kim Kardashian sues Old Navy over lookalike ads featuring Melissa Molinaro

Well, this is fun: Kim Kardashian is apparently unhappy seeing "Kim Kardashian" affiliated with a national brand. Of course, the fact that she has no deal with the brand, Old Navy, is a big part of the problem -- and presumably why she filed a lawsuit on Wednesday. 

Kardashian is suing the low-priced clothing chain, alleging that it deliberately infringed upon her public persona when it hired near-lookalike actress-dancer Melissa Molinaro for a new ad campaign that launched early this year. The campaign was "purposefully designed and intended to confuse, to cause mistake, and to deceive the public" into believing the reality TV diva was appearing in the commercials," the lawsuit alleges. 

Molinaro's similarity to Kardashian did put the campaign in the spotlight when the ads launched.

One February headline on a story about the "So C.U.T.E" commercial posed this question: "Were You Fooled by Old Navy's Kim Kardashian Lookalike?"

At the time, Molinaro called the comparison "extremely flattering. She is a beautiful woman .... That's an amazing compliment." She also told E! Online that her casting call had not been for a Kardashian lookalike but rather "for a true dance pop superstar."

"It's just crazy to me because I think I look like Melissa Molinaro," Not-Kim said. "I've been in the business for a long time and ... thank God I booked this commercial because I've gotten so much airtime."

And that's kind of the point, according to what Kardashian attorney Gary Hecker said in a statement. "Kim Kardashian is immediately recognizable, and is known for her look and style. Her identity and persona are valuable. When her intellectual property rights are violated, she intends to enforce them."

It's hardly the first time a Kardashian has had to police the moneymaking family name. When the Connecticut attorney general's office harshly criticized the fees on a prepaid "Kardashian Kard" MasterCard, the card deal was promptly cut up.

Though no dollar amount was attached to the Old Navy suit, sources told TMZ that Team Kardashian estimates the damage at $15 million to $20 million.  

Here's the ad -- did you do a double-take? Vote in the poll below.

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-- Christie D'Zurilla
Twitter.com/dzurillaville

Photo: Kim Kardashian, left, with her wax-figure double last July at Madame Tussauds in New York. Credit: Evan Agostini / Associated Press


Casey Anthony trial ends with — a flurry of Kim Kardashian tweets?

Kim-kardashian-casey-anthon When the Casey Anthony trial verdict came in Tuesday, Kim Kardashian was among those paying close attention — and she was not pleased.

"WHAT!!!!???!!!! CASEY ANTHONY FOUND NOT GUILTY!!!! I am speechless!!!," Kardashian blurted online after Anthony, 25, was found guilty only on four misdemeanor counts of providing false information to a police officer related to the 2008 death of her 2-year-old daughter, Caylee Anthony.

Casey Anthony verdict, as told by Kim KardashianNot only did Kim tweet, she was also hasty to delete a few post-verdict comments that suggested a loose understanding of, you know, the American system of jurisprudence.

Among the deleted tweets:

I am truly sick over the Casey Anthony verdict! So if the courts don't believe she is guilty then who do they think killed this little baby?"

Is this now an open case? Do they attempt to arrest someone else? I am so confused! How do these jurors not believe she's guilty????

Before the verdict, the reality starlet had predicted Anthony would be found guilty of second-degree murder while also referring to the speed with which the O.J. Simpson jury came back with an acquittal in criminal court.

Kim's late father, Robert Kardashian, was a Simpson friend and a member of the legal "Dream Team" that successfully defended him against murder charges in 1995. Simpson embarked on his infamous 1994 trip in the white Ford Bronco after spending the night at Robert Kardashian's home.

Responding to Kim's "I am speechless" tweet, one commenter said, "So was Nicole Brown Simpson's family when your dad got OJ off."

Kardashian, who turned 15 just weeks after the Simpson acquittal, didn't think her family history should preclude her from chiming in regarding Anthony.

"Reading the comments here & its nuts," she wrote, "people think just bc I was close to the OJ trial I can't have my own opinion on the Casey Anthony case?"

The verdict also found Sharon Osbourne on Twitter calling the decision a "disgrace" and predicting Anthony would get her own reality show, and Joy Behar saying it wasn't the first time Florida had "screwed up on an important vote."

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— Christie D'Zurilla

Photo credit: Twitter



Mel Gibson reaches a divorce settlement with Robyn Moore

Mel Gibson reaches a settlement in divorce from Robyn Moore

Mel Gibson and estranged wife Robyn Moore have nailed down details in their long-running divorce case, slamming the door on those romantics who may have held out hope that post-Oksana Grigorieva, the parents of seven — wait, he's a parent of eight — might reconcile.

OK, "those romantics" were no doubt few and far between — especially given recent reports that Mel, 55, has a new "friendly acquaintance," Stella Mouzi, a 25-year-old fetish model who hails from Greece. (Have a type much, Braveheart?)

Attorneys told an L.A. judge Tuesday that Robyn and Mel had finally worked out a settlement regarding division of property and other assets valued at $900 million before the real estate crash, though no details were released. The divorce is expected to be finalized in August.

After 28 years of marriage, Robyn filed for divorce in April 2009, right about the time news broke that Grigorieva was pregnant with Mel's baby (Lucia was born that November). Mel said at the time that his marriage had effectively ended three years earlier.

Mel and Oksana subsequently ended their relationship quietly, with a breakup that began in April 2010, went through a few rough spots, and then calmly drew to a close in March when he entered a no-contest plea to misdemeanor battery and she learned that extortion charges against her would not be pursued.

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— Christie D'Zurilla

Reuters contributed to this report.

Photo: Fans surround Mel Gibson as he arrives for a visit at the San Juan de Dios hospital in Guatemala City, Guatemala, on June 8. Credit: Saul Martinez / European Pressphoto Agency.


Anna Nicole Smith inheritance claim shot down by Supreme Court

Anna Nicole Smith

This post has been corrected. See the note below for details.

Anna Nicole Smith — her estate, actually — isn't entitled to a dime from the $1.6-million fortune left behind by husband J. Howard Marshall II, in the wake of a decision by the Supreme Court.

Yes, "Anna Nicole Smith" and "Supreme Court" were just mentioned in the same irony-free sentence.

Smith had sued the estate of her late husband, who died in 1995 at 90 after the two had been married for only a year, maintaining she had been promised $400 million. Smith, born Vickie Lynn Hogan, was 26 when she married the elder Marshall, then 89. Primary heir Pierce Marshall had disagreed with her claim, because his dad's will hadn't mentioned the former Playboy model, stripper and soft-core actress who in February 2007 would die of an overdose.

Smith sued in Texas probate court, where she lost, and California bankruptcy court, where she won, in the form of an award of $475 million in damages to be paid by the estate. The dispute over whether the bankruptcy court had the right to actually make such a decision then worked its way through appelate courts, finally landing with the Supremes. 

Word from Washington? The bankruptcy court blew it — which means Smith's complaint can finally rest in peace.

Smith, whose son Daniel Smith died of an overdose at age 20 in September 2006, is survived by daughter Dannielynn, whose father was neither Zsa Zsa Gabor's husband nor Smith attorney and partner Howard K. Stern but rather one Larry Birkhead, who is raising the toddler as a single dad.

Anna Nicole Smith's inheritance, had it turned out to be hers, would have passed to Dannielynn.

[For the record, 11 p.m. June 26: This post originally said Smith died in February 2008; she died in February 2007. The post also has been updated to make several points clear: The money still at issue was $475 million (later reduced to $89 million) in damages awards by the bankruptcy court, to be paid by the Marshall estate to the Smith estate. The question facing the Supreme Court was whether the bankruptcy court had the constitutional right to rule in the probate issue. The Supreme Court agreed with the 9th U.S. Circuit Court of Appeals' decision to throw out the bankruptcy court's ruling, which means no money will go to Team Smith.]

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— Christie D'Zurilla

Photo: Anna Nicole Smith arrives in downtown L.A. in October 1999 for opening arguments in her bankruptcy case. Credit: Jim Ruymen / Agence France Presse/Getty Images

 


Willie Nelson gets $500 fine, no jail with marijuana-related plea in Texas

Willie Nelson avoids jail with plea deal in marijuana case

Willie Nelson took a plea deal Wednesday to avoid jail time and begin clearing his legendary name of marijuana-related charges in Texas.

Last November, Hudspeth County Border Patrol officers smelled pot inside the singer-songwriter's tour bus at a checkpoint and officials reported finding "a little bit less than 2 ounces" of marijuana on the bus. Nelson later pleaded no contest to a misdemeanor charge of possessing drug paraphernalia.

On Wednesday, prosecutors agreed to reduce charges if the 78-year-old paid a $500 fine and $280 in court costs. A judge would dismiss the case entirely if Nelson stays out of trouble for 30 days.

"All he has to do is sign the papers and get me a cashier's check for the money," county prosecutor C.R. Bramblett told Reuters.

And despite a prosecutor's joking suggestion in March, it seems the country crooner did not have to perform his hit "Blue Eyes Crying in the Rain" inside the courtroom to clear his name, according to the New York Post.

"Willie is glad to have it all behind him. Everyone was very fair," Nelson's attorney Joe Turner told TMZ.

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-- Nardine Saad
Twitter.com/NardineSaad

Photo: Willie Nelson in 2009. Credit: Genaro Molina / Los Angeles Times


Kim Kardashian threatens to sue over infidelity story; Edie Falco asks, Kim who?

Kim Kardashian might sue In Touch for defamation

Kim Kardashian doesn't like it when you mess with her, or her man. The reality TV starlet has denied allegations made by In Touch magazine that she cheated on her now-fiance Kris Humphries with the New England Patriots' Bret Lockett, and she plans to sue the mag for defamation and the NFL player for shooting off his mouth.

This coming on the heels of rumors that she might be pregnant, rumors that she adamantly shut down.

Kim Kardashian takes issue with In Touch In Touch's current cover story alleges that Kardashian was involved with Lockett for five months while she was courted by Humphries, who popped the question to Lady K after six months of dating.

The tabloid cited text messages exchanged between Kardashian and Lockett and quoted the NFL player as saying Kardashian was the one who "pursued" him.

"I knew this was a game to her, and this is what she does," Lockett is quoted as saying. The magazine adds that their flirtatious messaging started when Kardashian's friend Lauren London told Lockett's brother Colin that Kim wanted Bret's phone number.

"This is absolutely not true," Kardashian told E! News. "I have no idea who this person is."

"For the record, none of the facts ... are accurate," Kardashian lawyer Dennis A. Roach wrote in a demand letter to the magazine's counsel. He asserted that the facts cited by the mag were fabricated and were "at a minimum, damaging, defamatory and an invasion of her privacy."

Roach added that the weekly should "immediately refrain from publishing, distributing or disseminating any factually untrue and unsubstantiated information." If not, Roach said, he "will be forced to take appropriate legal action to protect my client's rights."

As for the blushing bride-to-be, she doesn't seem to appreciate the distraction from her wedding blitz.

"Remember, people only rain on your parade because they're jealous of your sun & tired of their shade," she tweeted Wednesday.

In other Kim K news, the reality star needn't worry about inviting Edie Falco to the wedding. The "Nurse Jackie" star apparently has no idea who Kardashian is.

"Like, forgive me, I don't know if you're friends with her -- but who the hell is Kim Kardashian?" Falco asked New York magazine's Vulture blog.

"Like, who are these people and why are they famous and why are they advertising things and being asked their opinions about things? I just don't understand what these people did to be in a position of having everyone ask their opinions about stuff," Falco said. "I mean, if there's something about her personality or something that she's accomplished or her philosophy on something -- but beyond that I don't understand what's happening. It's actually frightening."

Oh, Edie. If you only knew -- we ask ourselves the same questions every day.

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-- Nardine Saad
twitter.com/NardineSaad

Photos, from top: Kris Humphries and fiancee Kim Kardashian; the latest In Touch magazine cover. Credits: Pascal Le Segretain / Getty Images; In Touch


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