Gifford v. National Enquirer, Inc.

1993 WL 767192 (1993)

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Nature of the Case

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Facts

Ps were television personalities. Kathie Lee co-hosted a popular daytime talk show. Frank Gifford was a co-host of Monday Night Football. D published an article concerning the circumstances surrounding P's then-pending pregnancy. Ps' allege that the article, entitled 'Kathee Lee's Baby Secret: The High-Tech, No-Sex Way She Got Pregnant,' contains statements that are false, deliberately defamatory, and totally contrived. Ps also alleged that D has used P's name and photograph in false advertising for the purpose of promoting sales of D. Ps alleged that by publishing the article, D had intentionally and maliciously misled the public, including Ps' fans, into believing, among other things: (a) that Ps are a 'desperate pair' who resorted to artificial insemination in connection with the conception of their most recent child, (b) that Ps used a 'shocking' and 'controversial' laboratory technique of 'sperm spinning' in an effort to avoid having another male child, (c) that Ps have abandoned one or more of their publicly-stated religious beliefs, and (d) that s are hypocrites who say one thing in the public, while doing the opposite in private. D moved to dismiss.