Ex-TMC manager sues Caven

Former TMC: The Mining Company manager Roy Puente has filed a lawsuit against Caven Enterprises Operations Supervisor Donald Solomon, President Gregg Kilhoffer and CFO Ben Polachek. Puente, who is acting as his own attorney, claims the three made false and defamatory statements against him.

In his suit, Puente is claiming libel and slander and intentional infliction of emotional distress.

Puente worked for Caven from November 2010 until September 2011.

Caven issued the following statement in response to Puente’s lawsuit:

“Caven Enterprises is aware of the suit that has been filed by Mr. Puente against certain of its managers. The managers and the company dispute the basis for the lawsuit and intend to vigorously defend the case. We look forward to resolving this case through the judicial process.”

The defendants filed exceptions to the suit, and the first hearing will be held on Nov. 16.

The case is set for non-jury trial on Nov. 4, 2013, with mediation ordered before that date.

Read Puente’s suit here and the defendants’ response here.

—  David Taffet

Judge says 'gay' isn't defamatory

Howard K. Stern
Howard K. Stern

Okay, so Howard K. Stern, the former boyfriend of the late Anna Nicole Smith, is suing author Rita Cosby and The Hatchett Book Group over Stern’s book, “Blonde Ambition: The Untold Story Behind Anna Nicole Smith’s Death,” because, Stern says, the book contains 19 libelous statements, including the author’s claims that he had oral sex at a party in Los Angeles with Larry Birkhead, the father of Smith’s child, and that Smith later called Stern gay.

But now, according to a report by Reuters, U.S. District Judge Denny Chin has ruled that the case could proceed on only 11 of the statements, and the claim that Stern is gay and had gay sex with another Anna Nicole ex — baby daddy Larry Birkhead — is not one of the 11.

Judge Chin said that statements implying homosexuality were not defamatory because: “I respectfully disagree that the existence of this continued prejudice leads to the conclusion that there is a widespread view of gays and lesbians as contemptible and disgraceful.”

But Judge Chin did acknowledge that gay people still face prejudice.

That’s progress, don’t you think? I mean, allowing someone to say that they are defamed by the implication that they are gay is the same as saying there is something wrong with being gay, right? And I am also glad to see the judge understands that while calling someone gay isn’t the same as calling them a dirty name, gay people still face a lot of prejudice and discrimination.

—  admin