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She is currently a special correspondent for the top-rated CBS Syndicated Newsmagazine, as a "Fun and Fearless Female." A recipient of the Ellis Island Medal of Honor and the Lech Walesa Freedom Award, she hosts the National Memorial Day Parade broadcast to all US military installations around the world.
For the reasons set forth below, I conclude that a reasonable jury could find that Cosby, but not Hachette, is liable for defamation for certain of the statements in the Book.
On April 10, 2007, Todd Shuster, Cosby's agent, sent an email to Amy Einhorn, an editor at Hachette, pitching a book Cosby planned to write, then entitled Fame and Miss Fortune: Secrets from Inside the Anna Nicole Smith Media Storm.
Cosby has been a journalist for more than twenty years, working as a correspondent and host for CBS, MSNBC, and Fox News. Cosby started covering Smith around 2006, when she was a reporter for MSNBC.
Cosby and Hachette deny that they have libeled Stern.
Stern contends that defendants defamed him in the Book by falsely stating or suggesting, among other things, that he had engaged in sex with the father of Smith's child, "pimped" Smith to as many as fifty men a year, and played a role in Smith's death. Stern, an attorney, began doing legal work for Smith in 1997, and was co-counsel in her litigation regarding the Marshall estate.
Andrews, Esq., Hachette Book Group USA, Inc., New York, NY, for defendant Hachette Book Group USA, Inc. ("Hachette"), the author and publisher, respectively, of the bestselling book Blonde Ambition: The Untold Story Behind Anna Nicole Smith's Death (the "Book"). His relationship with Smith became romantic in 2000, but they kept the romantic aspect of the relationship a secret until 2006.
Stern, the former lawyer for and companion of the late Anna Nicole Smith, sues defendants Rita Cosby and Hachette Book Group USA, Inc. Stern was present when Smith gave birth to Dannielynn in the Bahamas, and at the time he believed he was her father.
The standards governing motions for summary judgment are well-settled.