Thursday, August 09, 2007

This Is A Lawsuit Waiting To Happen

LA Rag Mag is reporting that Jessica Alba has herpes and that she got it from Derek Jeter. Their "source" used to work for Cash Warren (why exactly would Cash need employees) and as part of their job would refill Jessica's Valtrex prescriptions. Tell me why she wasn't getting this prescription refilled by mail?

Although the refill by mail thing is a big hole, I also don't think this story is true because I dream of having sex with Jessica Alba, and because it would have come out much sooner that Derek Jeter has herpes. He has been with some really big names like Mariah Carey, Jessica Biel and Vanessa Minnillo and I think it would have come out before.
So you are probably wondering, "EL, will Jessica and Derek sue?"

That's a very good question. Winning a defamation or libel suit can be very difficult in the US to win. If you are in the UK and a celebrity it is much easier to win, but the damages are smaller. In the US the celebrity has to prove not only that the story was false, but ALSO that the publisher of the story was malicious which means they knew or had to reason to know that the story was false and published it anyway. Kind of a reckless disregard for the truth.

That is a very difficult burden to overcome. Plus, in lawsuits there is this little thing called discovery which includes depositions. How would you like someone like me grilling Jessica Alba for 5 or 6 hours about everything in her sex life and her relationships? Not fun.

If they are clean, and they have the guts to fight, then they should sue, but even if they don't sue it doesn't mean they have herpes, it just means the fight isn't worth it. I will be interested to see if there is any fallout from this at all.

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