Gibson & Behman, P.C.: Simon & Schuster “hiding behind coattails of First Amendment” in promoting F

Attorneys representing defamed father of American Idol star dispute publisher’s claims that ghostwritten book holds great social significance

[USPRwire, Mon Feb 19 2007] Gibson & Behman, P.C., the firm representing the father of American Idol star Fantasia Barrino in a libel lawsuit against Simon & Schuster Publishing for alleged damaging untruths in its book on the singer’s life are disputing the publishing house’s claims that the novel is one of social significance and therefore is permitted to stretch the truth.

At issue is what Simon & Schuster has termed a “non-fiction” biography titled “Fantasia – Life is Not a Fairy Tale” first printed in September 2005 and subsequently made into a Lifetime television movie. In the book a number of damaging references are made against Joseph Barrino, father of Fantasia Barrino and the plaintiff in the lawsuit against Simon & Schuster.

The suit charges that Simon & Schuster Publishing and Addie Collins, Fantasia’s grandmother and a “ghostwriter” and agent of the publisher, were principal sources for information contained in the book. The suit further charges that the biography contains untruths which have damaged the plaintiff’s reputation in his community and that the acts of the defendants were malicious and without justification, done in disregard of the plaintiff’s rights.

Mark S. Grodberg, Managing Director of Gibson & Behman’s New York City office, last fall filed suit in United States District Court, Southern District of New York, on behalf of Joseph Barrino. The suit seeks, on Mr. Barrino’s behalf, to “vindicate and restore” his reputation.

Upon reviewing the libel complaint principals of Simon & Schuster Publishing have made claim that the book at issue holds great social significance and therefore should not be held to as high a responsible fact-checking standard.

“Simon & Schuster is hiding behind the coattails of the First Amendment in its claims that this is a socially significant book,” said Grodberg. “Yes, this is an interesting story about a young woman who happened upon a great opportunity and is doing well as a result, but Simon & Schuster, in taking advantage of this story, has tried to protect itself from its responsibility to make absolutely certain that information that goes into this book is truthful.”

Added Grodberg, “By claiming ‘social significance’ Simon & Schuster is ignoring its standards of obligation and its obligation to other persons, and in essence is saying they can write and publish whatever they want without having the responsibility to fully determine the truthfulness of the claims made in the book. Certainly, it’s incredibly ironic that the publisher is not refuting that the material may be a lie, but is more concerned with protecting itself by standing behind its claim of social significance.”

About Gibson & Behman, P.C.

Since its establishment in 1987, Gibson & Behman, P.C. has developed a reputation for excellence in representing clients in matters involving liquor liability, premises liability, construction law, and corporate matters, and the firm continues to expand into other areas of specialization. Gibson & Behman, P.C. has grown from a partnership of two established attorneys in Burlington, MA to a mid-sized firm with offices throughout the northeast and in Florida and California.

Gibson & Behman represents some of the finest regional, national and international companies, including Roche Brothers Supermarkets, Inc., Massachusetts Bay Transportation Authority, Viacom and Liberty Mutual Insurance Company. The firm’s corporate headquarters are located at One Mountain Road, Burlington, MA. For more information, contact 781-229-6667 or visit www.gibsonbehman.com. The New York office is located at 80 Broad Street, New York, NY 10004. For details specific to this case, contact Mark S. Grodberg, Esq., (212) 609-2634.



Editors: To arrange for interviews with counsel regarding the specifics of this case, please contact Jim Farrell or Colleen Cimini at PR First, 781-681-6616, or contact Mark Grodberg at 212-609-2634 or Kendall Minter at 770-879-7400.

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