Carrie Prejean Sues Miss California Organization

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Carrie Prejean, the former Miss USA runnerup, has filed a lawsuit against the Miss California Organization claiming it discriminated against her religious beliefs thereby causing her emotional distress as well as financial loss.

According to FoxNews.com, Prejean "filed a complaint Monday morning in Los Angeles Superior Court against K2 Productions (the franchise that operates the Miss California Organization) as well as co-executive directors Keith Lewis and Shanna Moakler and publicist Roger Neal."

The article continued (h/t Kevin McCullough):

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"If Carrie had not answered the question in support of traditional marriage ... she would most certainly still be Miss California,” Prejean’s attorney Charles S Limandri told Foxnews.com. “Over the past two months we have worked hard to provide overwhelming evidence that Carrie Prejean did not violate her contract with Miss California USA and did not deserve to have her title revoked by Keith Lewis. We will make the case that her title was taken from her solely because of her support of traditional marriage. She did not want to sue, but people need to know the truth.”

The suit alleges that Lewis’ assistant emailed Prejean before the Miss USA pageant with instructions not to reference God in her Miss USA applications. The suit also alleges that after her controversial answer at the national pageant in April, Lewis told Prejean's mother that her daughter was not to attend the after-party (despite being first runner-up) as “too many people were angry with her.”

According to the suit, Prejean believes Lewis, Moakler and Neal joined gossip blogger Perez Hilton to create a “conspiracy to attack” that has caused her to suffer “emotional distress, anxiety, depression and loss of sleep.” As a consequence, the suit alleges, Prejean has been subject to “public ridicule, scorn and humiliation, lost earnings,” and has had to spend a great deal of money with stress-related medical expenses.

Prejean also claims Moakler and Lewis illegally disclosed private medical information when they allegedly leaked details of her breast augmentation surgery to the media.

It will be fascinating to see how the Prejean-hating media report this in the coming days. 

—Noel Sheppard is the Associate Editor of NewsBusters. Follow him at Facebook and Twitter.


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PEREZ HILTON...

 I'm not too sure that there was a "conspiracy to attack" Prejean, but the fact that those in charge brought in Perez Hilton aka Mario Armando Lavanderia, an absolute loose canon, was the fault of those in charge of the Ms.California pagent. They allowed him to ask a highly charged political question & then wonder why there was a problem.

I hope Prejean crushes them in court.

 

"...How blind can you be, don't you see...

...that the gambler lost all he does not have..."  

Nightwish

This is why we need tort reform

This is a good reason to support tort reform. Ya think she'll ever recover? Just what we need -more whiplash.

"O..L..I..G..A..R..H.. one letter is missing."- Glenn Beck

Totally agree about tort

Totally agree about tort reform...FOR ALL...and have for years, plus loser pays...that would stop a lot of cases all over the country, and have had for decades, to the point of destroying businesses and communities.

Never going to happen with this administration, almost did with the early Bush years until Jumpin' Jeffords switched...

Obama's a Community Agitator, a walking, talking destroyer. ~ Rush Limbaugh

Excuse me

I was under the impression tort reform is about "caps" on jury awards as opposed to deciding who has or hasn't been harmed in advance of a fair hearing before the courts?

Sounds right to me,

Sounds right to me, bre.

"The problem with socialism is that eventually you run out
of other people's money."

—Margaret Thatcher

Well it is right...I was

Well it is right...I was just commenting about the need for tort reform generally in respose to nw.

Obama's a Community Agitator, a walking, talking destroyer. ~ Rush Limbaugh

I understand bt

My reply was not to your post, but rather to nwahs who seemed to imply that Carrie shouldn't even be allowed to redress any grievances she may or may not have in court.  As far as "losers pay," we do have sanctions available against attorneys who file frivolous lawsuits IF the courts would only impose them.  Coupled with a substantial reduction in potential fees, the system as it exists should make a lot of attorneys think twice.  Many people file lawsuits convinced that there has been a greivance, but for many reasons don't prevail.  A "loser pays" rule would chill a lot of legitimate lawsuits.  Think about the oppressed worker, customer, etc. that goes up against a powerful union, company etc. who would not bring suit for fear the army of lawyers on the other side would prevail with technical motions and then the plaintiff would be stuck with exhorbitant fees (run up by defense attorneys no doubt).  Love Canal anyone?    

Evening bre... I don't

Evening bre...

I don't have a lot of time at the moment...but I also think it would, could, should work in the reverse of some of the examples you give...the geenies of all kinds of ilk via many different groups always stopping progress, forcing people to lose businesses, communities to dry up etc...and we are talking about the oppressed people here in the way I mean.

I know of a lot of suits some of these greenies have lost over a period of years of litigation...nothing happens to them in the end, it doesn't hurt them one wit, in the meantime...people went belly-up, lost millions waiting to proceed if they still can etc...even if they lose, another group comes along and starts the process all over again anyway...just using a different name...I'm talking mining, logging here..some grazing rights, and most certainly farmers, think Ca. for the latest example.

...and I'm not even getting into the different energy forms (coal, oil, refineries, shale etc) and all that it entails that it takes years just to get legally through with all the ridiculous laws you have to get through to just get a permit okay'd and the go ahead, and WAP!   here comes a law-suit to stop all progress after the years and million spent...people eagerly waiting for the production and jobs...all tamped down and driven away.

Something has to stop...before our country is sunk...being dependent on other countries is not a smart thing whatsoever.

Anyway...that's how I see it...and there is so much more...as there always is.   ;-)

Obama's a Community Agitator, a walking, talking destroyer. ~ Rush Limbaugh

I agree 1000%

But how do we this without hurting people with legitimate grievances on the other side of the equation?  I think the easiest thing would be to go after the lawyers through sanctions.  Although the greenies and treehuggers know exactly what they're doing, Carrie may have a legitimate complaint that deserves to be heard without fear of having to pay Trump's "trumped-up" lawyer fees.

So, how do we put the brakes on without chilling the legitimate grievances?  Not an easy question, I'll admit.    

 

          

NEVER retain a judge.

 

In Colorado judges, magistrates, and other types of garbage 'stand' for retention on the ballot.

Enough voters tell them NO, they go away and the gubbernore appoints another useless piece of garbage to support his agenda.

For those States with election of judges, do everything you can to get a "NONE OF THE ABOVE" on the ballot.

Judges can dismiss cases, but ya know, sometimes it's just fun to watch lawyers get creative with the law......

 

http://gjresult.com

 

Not many

 A "loser pays" rule would chill a lot of legitimate lawsuits.

I don't think so. It would chill lawsuits like this one, but not lawsuits over a defective mechanical heart valve. Loser pays tort reform would put the ambulance chasers out of business.

"O..L..I..G..A..R..H.. one letter is missing."- Glenn Beck

Have you read the Supreme Court case

that rules that if the FDA approved the defective heart valve, one can't sue even if it kills you?  Drug manufacurers on the other hand lost their case.

No I haven't

But answer me this. Does it apply to a defect in the design or does it also cover defects in manufacturing. Most heart valve defects would occur in the manufacturing of the valve. Does the ruling prevent suing the manufacturer for using substandard materials?

"O..L..I..G..A..R..H.. one letter is missing."- Glenn Beck

Now that's what I consider a

teachable moment.

Thank goodness. I was

Thank goodness. I was waiting for the daily beer summit to begin.

"The problem with socialism is that eventually you run out
of other people's money."

—Margaret Thatcher

How about this

Loser pays. Loser pays is part of the broader topic of tort reform as is caps on jury awards. There are a number of reforms people talk about.

http://en.wikipedia....

"O..L..I..G..A..R..H.. one letter is missing."- Glenn Beck

shawn

shawn,

Loser pays changes A LOT!  ns

It gets rid of most whiplash and "toxic black mold"

When I was a kid they called "toxic black mold,"  mildew.

"O..L..I..G..A..R..H.. one letter is missing."- Glenn Beck

How does it change things A LOT!

I agree it may change things between 2 private citizens, but in business most sane contracts contain both binding arbitration clauses and provisions for "loser pays" attorney fees.

Now if we could get the government to pay when it loses, that WOULD change things A LOT!  It has been reported and is also my experience that hospitals, clinics etc. charged with false claims by the DOJ weigh the costs of litigation vs the cost of settlement and go with the latter. 

Before anybody jumps on this, I'm NOT saying all supposed "fraudulent" healthcare providers or supposed tax cheats are inoccent (just those in the administration of course, but then again they're not prosecuted are they?)

LOL bre... Gotta' run,

LOL bre...

Gotta' run, but I gave my examples above, was posting to you when you must have been posting this.

Obama's a Community Agitator, a walking, talking destroyer. ~ Rush Limbaugh

Ditto bt

Points well taken.  See my response to our "cross postings" above! 

bre

bre,

If loser pays, folks will think twice about filing frivolous actions. What I'd also love to see is loser's attorney makes nothing -- but that'll never happen. :-)  ns

I'm on board with loser

I'm on board with loser pays. But as long as the attorney does the work, he/she deserves to be paid.

"The problem with socialism is that eventually you run out
of other people's money."

—Margaret Thatcher

QM

QM,

I don't know. If the loser gets nothing and has to pay the winner's attorney's fee, why should the losing attorney make anything?

Just imagine how many fewer cases there'd be, and how much less our health insurance would cost, if attorneys made NOTHING when they lose. Attorneys would have to be quite convinced they were backing the right horse before they jumped on.

What this would also do, QM, is encourage out of court settlements. For such services, losing attorneys would be paid.  ns 

losing needs to present actual risk

I completely agree.

___________________________________________
"Maybe you're better off not having the surgery, but taking the painkiller" Barack Obama (Dr. In Chief)

Noel, Traveling to New Zealand, To Bungee jump

If you decide to do that, then you must sign a short form that says..

We (bungee jumpers inc.) are NOT RESPONSIBLE.. For anything, forever.

Really the form is (almost) that short, and that's it PERIOD.

Ok try this??

New Zealand is world famous for extreme sports, and at Off Road NZ, it
was definitely extreme. As we headed off on our 4 Wheel Drive Bush
Safari, we were instructed to drive a jeep off high drops. Whilst my
mind yelled, “Suicide!”, Ryan’s confidence assured me that we would be
safe; however, we were glad we had packed extra underwear!

 

 

State controlled health care is Tort Reform.

Liability

Yea, you see all types of disclaimers and signs that say "Swim (or whatever) at your own risk." 

The fact is law and juries determine liability- not disclaimers. Most disclaimers aren't worth the material they're printed on. Wavers are another matter, but they usually are required to be witnessed and notarized.

"O..L..I..G..A..R..H.. one letter is missing."- Glenn Beck

reversal Dude, I'm referring to a foreign Country NEW ZEALAND

And  I signed a form such as that.

So according to NZ I'm responsible for my own actions.

No suing later, as in NEVER.. PERIOD

NZ still has a 1,000 ft bungee jump...

USA bungee jumping, good luck ; most out of business

 

State controlled health care is Tort Reform.

New thought....

 

Under the 'public option', would the taxpayer be on the hook for some of those frivilous lawsuits?

Would this also be 'just another way to enrich attorneys'?

http://gjresult.com

 

 My nephew (12 years old)

My nephew (12 years old) just bungee jumped in Pigeon Forge, Tennessee this past July. Maybe because of his age, but they wouldn't let him to go head first. So is that really classified as a bungee jump - feet first?

I'll ask my sister-in-law if they had to sign anything. I wonder if the disappearance of bungee jumps in the US is related to declining interest or the fact that disclaimers don't shield someone from liability?

"O..L..I..G..A..R..H.. one letter is missing."- Glenn Beck

ns

But the very first step to filing a lawsuit is to consult with an attorney.  He/she should be responsible for informing the non-legal trained plaintiff that he/she has no case.  I like the idea that attorneys perhaps should not get paid for filing frivolous lawsuits, but that is kind of a byproduct of sanctions.  Again, the courts must impose them which starts, of course, with the winning attorneys taking action in that regard.  Which of course we won't do, because of the brotherhood.

I guess you don't live in an area

I guess you don't live in an area that runs ambulance chaser commercials. "Had a wreck? Get your check! I got my last client $450,000."

So you sit for an hour on an interstate as they clear some awful accident ahead. Finally you get up to the four ambulances ahead to see a fender bender and 4 people being rolled into ambulances with neck braces. We are NOT discouraging frivolous law suits. In fact it operates like a lottery.

"O..L..I..G..A..R..H.. one letter is missing."- Glenn Beck

Ok bre... What exactly do

Ok bre...

What exactly do you mean when you use 'by-product of sanctions' in your post above.

I realize you weren't talking to me, but since I started this 'loser pays' thing, I am curious as to exactly what you mean here.

Getting late, just appreciate your reply when you get the time.

From what I understand so far of your post...I take it this way...

A 'Winning Attorney' is only going to file a suit he knows he can win for you with no doubt....period...hence...the less the need for the lawyers/law-suits, let alone having to pay anyone that doesn't deserve it.

Well, the majority of the time...lol.

'Go Green...Recycle Congress!'

Mirrorized shawn,

Somehow, I get the feeling that if this wasn't Carrie Prejean, but say, some nose-picking liberal bedwetter suing some conservative organization or other, you would be singing a different tune.

-Dave

Even when the government tries to kiss you, it is just a prelude to a good screwing. -Neal Boortz 

I wondedr how Trump is

I wondedr how Trump is feeling about this.

Already can hear the rabid left-wing groups...ACLU and Barry Lynn ought to be throwing a fit already...heheh...and poor little Perez, this ought to make his day and give him some more attention.

On and on it goes...

Obama's a Community Agitator, a walking, talking destroyer. ~ Rush Limbaugh

Go Carrie!

Per usual, 1st Amendment only applies to fascists.     Hope more conservies stand up for what they believe in and use the system to make their point(s). 

Edit:  Indiana (below) - My hubby always said that she was BY FAR the most beautiful of women in the contest  The judges just couldn't stand that she outshone the others AND was a Christian at the same time.  Their poor little heads exploded.

 

"...it must be known that we are at all times ready for war." G. Washington

Good for her

It's about time that someone stood up to the casual Christian-bashing that's allowed in this country. There can be no doubt in anyone's mind that answering the infamous "gay marriage" question honestly has cost Miss Prejean much. And personally, I've always believed she was set-up. Was any other contestant asked a question even remotely resembling hers?

Now will come the people saying she set herself up for all this attention, she shouldn't be in pageants if she can't stand the heat, yada yada yada. The simple fact is, she's been persecuted because she had the temerity to publicly speak an inconvenient, politcally incorrect, truth based on her religious principles. She was asked her opinion, and she gave it.

We can't search Muslims when boarding planes, that's profiling. A Muslim woman brought suit trying to be allowed to cover her face for her driver's license picture, remember that one? We tip-toe around every person's "religious principles" except those in the majority in this country... Christians!

I've heard the argument: Christians should be able to take it, since they are the majority. Horsefeathers! NO ONE should be discriminated against because of their religious beliefs. Period, end of story.

Go get 'em, Carrie! 

 

"Of those men who have overturned the liberties of republics, the greatest number have begun their career by paying an obsequious court to the people, commencing demagogues and ending tyrants." - Alexander Hamilton, Federalist No. 1

It's about time that

It's about time that someone stood up to the casual Christian-bashing that's allowed in this country. 

Joe, that's exactly what I was thinking while reading this.

There was definitely malice involved, IMO; the stripping of the crown etc. was meant to punish her for her politically-incorrect opinion.

As for the possible "if she can't stand the heat" argument from her detractors, she certainly had no reason, from past and other pageants, to "know" that she would be asked a loaded question by a judge with an ax to grind.

I'm with you, encouraging Carrie...you go, girl!!

IJ and mb... Exact reason

IJ and mb...

Exact reason why I named ACLU and Barry Lynn for just two examples of Christian Bashing above somewhere...it was the first thing I thought of as well.

Obama's a Community Agitator, a walking, talking destroyer. ~ Rush Limbaugh

This seems like a silly

This seems like a silly lawsuit, suggesting some kind of conspiracy to embarrass her. 

Balboa, if Perez's question

Balboa, if Perez's question hadn't be asked, you think the events would still fall like dominoes?

This seems like a silly

This seems like a silly lawsuit, suggesting some kind of conspiracy to embarrass her.

Now I know she should definitely sue.

All one has to do is go on the 'net and read the Lib-O-Meters.

One of the 34% who thinks George W. Bush was a great President. One of the 86% who wants to bring back the stock and pillory.

"According to the suit,

"According to the suit, Prejean believes Lewis, Moakler and Neal
joined gossip blogger Perez Hilton to create a “conspiracy to attack”
that has caused her to suffer “emotional distress, anxiety, depression
and loss of sleep.” As a consequence, the suit alleges, Prejean has
been subject to “public ridicule, scorn and humiliation, lost
earnings,” and has had to spend a great deal of money with
stress-related medical expenses."

This part will be tough to prove.

"Prejean also claims Moakler
and Lewis illegally disclosed private medical information when they
allegedly leaked details of her breast augmentation surgery to the
media."

This looks a bit more of a case.

Have the legal babes on Fox had a chance to comment yet?

 

"The problem with socialism is that eventually you run out
of other people's money."

—Margaret Thatcher

Miss Prejean has a case.  I

Miss Prejean has a case.  I hope she wins.  We have let the degenerates hold sway far too long.  It will come to an end very soon.

Agreed.......

She's been through enough garbage with all of this..

I hope she knocks their financial teeth down their collective throats.

Carrie has every right to go

Carrie has every right to go after the California officials. They can't fire her just for he opinions or for her photo shoots which were taken years earlier and did not affect her performance. This is clearly bias against her and some sexism too. She has to stand up to the bashing against beliefs. The officials need to think about what they did wrong. She has a case. She need to clean their clock. These are the kind of intolerance's going around the country by elite liberals and it is time they pay the price.

I don't think that's why

I don't think that's why they fired her. What I read is that she wouldn't show up for functions, wouldn't fulfill her Miss California duties.

I think they manipulated

I think they manipulated those appearances to get rid of her.  Trump is such a weazel I think he planned to get rid of her even as he was saying she could keep her crown.  This way he doesn't have to offend anyone, except those of us who can't stand him anyway.

Don't you think a publicity

Don't you think a publicity hound like Trump would've benefitted more from keeping her around?

Well I've read that she did

Well I've read that she did turn up for all her sanctioned duties. Never missed one that she was contractually obliged to attend. Not one.  I guess we read differnt things.

"Those who promise us paradise on earth never produced anything but a hell." Sir Karl Popper

Jack

I glad you answer him.What I read also said she turned up for her duties.Lewis and Moakler were all over her after that night.They were the ones that wanted her stripped of the title.Normally I am against suing but I hope she takes every last penny of theirs.

Yes she does have a case. Funny how the usual V.l. above me

loves to chirp in with an obvious laugh....

Life goes on.

exactly

this is why we need tort reform, as Ms. Prejean has it in the bag, read Moakler's comments after the fact.

I am sure Ms. Prejeam would be willing able and compelled to see her day in Court and be willing to pay if unsuccessful.

 

Rest Assurred

This will take a little bit of heat off of Sarah Palin for about 24 hours.

I'm for Carrie Prejean and whatever she wants to do. She...

is a brave and lovely lady and she has earned the right to sue the bastards.  Jim Webster

Go for the throat

I hope she wins. It is time for everyone to start fighting back. Our legal system is the joke of the World. They came up with all of this sensitivity BS.. so let them eat their own non-sense...Harassment is such a great cause until the liberals are on the other side of the coin. Then it does't matter if they even raped the girl..Clinton ring a bell?

As to loser pays, it is the only solution to our legal mess. It is funny how liberals say we need universal health care like every other country. Yet our legal system can not be like every other country. We brought this legal system over from England, but left out one little thingy...loser pays. It is that way in every other Country in the World. They do not have a run away corrupt legal system like ours...no one does. The legal financial system in the US could not be handled any better by the mob. The crooks have nothing on the attorney's. Throw in what the environmentals have done and it is disgusting. No to mention the politcalization of the Justice Department...sick.

 Loser pays would open up the creative engine of the US over night. Products are not manufactured in the millions due to our legal system...

I wish she'd sue me.  Then

I wish she'd sue me.  Then maybe we could settle out of court.....(sorry, just a hot flash...)  Seriously though, I hope she wins against those bigots.

"The Art of The Screwjob"

"The Art of The Screwjob"

              

                   I hope she wins her case. I would sue Trump, too.                                                                                                                                                                                                                                        

Trump kept her around to

Trump kept her around to keep her from suing.  She was fired because they probably saw the lawsuit coming.  In for a penny, in for a pound.

I don't think this will make it to court.  Trump and the others know they have a snowballs chance in hell of winning this.  Who's gonna take the witness stand? Hilton and Moakler are disturbed individuals.  Her attorneys are gonna eat them for breakfast.  These 2 people have been caught on tape trashing her.  They've been caught in print.   They basically have Hilton on tape ranting about how he wants her career crushed and destroyed.   That fool posted a lot of stuff on youtube.  The lawyers on Trumps side didn't get involved soon enough and couldn't keep the clowns from talking.

Guess what?  

Big fat cash settlement.  She's gonna get 20+ times what she would have gotten if she would have kept her title.  She's gonna walk out a millionaire.

I kinda hope it does go to

I kinda hope it does go to trial, just to see that puke Baby Huey Hilton disemboweled when/if he is deposed. He'll be turning blue with rage while crying like a little girl.

Re Hilton

That kid is a plaintiff's lawyer's dream isn't he? Wonder what color hair he will choose for court appearance?