Perez Hilton‘s found himself in a bit of a legal pickle.
Former reader – and presumed fan – Diane Wargo has filed a $25 million lawsuit against the blogger. Wargo claims that Hilton violated his own privacy agreement after he posted a curse-laden email she sent from her work information.
By printing her email, Wargo says, Hilton set off a firestorm of hateful emails from his many readers. The suit also alleges that she, her husband and children all received death threats following the email’s publication. Wargo’s employers, Menorah Park Center for Senior Living, subsequently fired Wargo for the email, which read, in part: “Perez you are a fat gay pig. Angelina is a [sic] ugly whore. You love her because she’s a fag lover.” Sounds like a classy lady.
What’s interesting, we think, is that the press release from Wargo’s lawyer defends her language. And, in fact, blames it on Hilton himself!
How about we take this to the next level?
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According to the Complaint, after Wargo sent an email challenging Hilton’s opinion, she received derogatory emails with crass language back from PerezHilton.com at her work email address. When those emails kept coming, despite requests to stop, Wargo emailed back with the same type of crass language that is typical of the PerezHilton.com website. Wargo hoped that by using the same type of language, she would get her point across in a way that was typical for PerezHilton.com.
Good cover!
Hilton’s lawyers claim that his privacy agreement only applies to the comments section of his website, not personally addressed emails. Wargo’s legal team, meanwhile, say that Hilton has previously sued for a similar offense: when he sued blogger “Jonathan Jaxson” in the wake of their sex-centric IM scandal. Again, from the press release:
[Wargo lawyer Brian D. Spitz] pointed out the contradiction of Hilton’s actions in this case compared to Hilton’s suit against fellow blogger Jonathan Lewandowski, which Hilton filed on April 8, 2008 in the Superior Court of California for the County of Los Angeles. In that case, Hilton primarily claims an invasion into his privacy resulting from the publication of Hilton’s cell phone number.
Spitz added, “On one hand, Hilton voluntarily gives out his phone number to ‘a plethora of sources’ and Jonathan without anyone promising him to keep it private; and then sues when his number is published on a blog.
Spitz went on to say that he would share his opinion of Hilton, but then “he would probably sue me, too.” This is obviously a very sophisticated legal team.
Anyway, here’s the PDF of the Wargo v. Hilton complaint.
Rikard
Mamma sez “Stupid is as stupid does”.
Darth Paul
Yes, he’s a fat pig but this woman’s an as$hole and deserves to be unemployed.
mark
Perez has many readers?
and they can type?
CHURCHILL-Y
What idiot gives out their real e-mail on one of these websites let alone their e-mail address from work? Yeah Hilton is scum but this lady is a f*cktard.
Tom
I don’t get why people take moron seriously!!!
He’s fat, almost alway unshaven and who would call a bear…
Jeff
what a dumb shit this woman is. i once was sued for a similar thing (reposting offensive stuff that had been e-mailed to me, with full name and address, etc), and the thing didn’t even make it past the first round.
Plus, the terms of use on perezhilton.com set out the rules pretty plainly:
“If you do post content or submit material, including emails sent to official email addresses of PerezHilton.com, Perez Hilton or his agents, employees, affiliates or assigns, and unless we indicate otherwise, you grant PerezHilton.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PerezHilton.com and its affiliates and sublicensees the right to use the name and email address that you submit in connection with such content, if they choose.“
Simply Cyndi
Perez is a fat greasy pig with a voice that’ll make you ears bleed.
DairyQueen
He is so last year. His 2 minutes of fame is over. Does anyone still read his crappy blog? I never did.
@ Tom: Not all bears are fat and unshaven. Perez is not a bear, he is a chub.
nerdy
Is Brian D. Spitz a licensed attorney because I have a hard time believing that anyone with the ability to pass the bar exam would argue that giving people your contact information (sources) and suing when that contact information is ruined (publishing it in a blog) is the same as publicly shaming a nut-job that started a flame-war.
Next time use your private email or better yet don’t gay bash or maybe, here’s a thought, work when you’re at work.
Kate
It sounds like both of these people deserve each other. A match made in Hell!
LacroixSweetie
Thank you Dairy Queen. Perez is NOT a bear or a cub. Although he’s losing weight, he’s still a bloated cow who got that way because he stopped doing meth and other drugs. He has talked about it openly. His blog can crack me up, but I think he has some severe mental issues and I hope he dies alone!
afrolito
The comments about Perez on this site are just as idiotic as the drivel his readers post on his site.
The weird ugly hatred for him is bananas.
Wildcat
If she used an e-mail address provided to her by her employer, ostensibly for the purpose of performing duties associated with her job, for correspondence completely unrelated to that job, I think her employer has a right to take whatever disciplinary action they deem appropriate.
If she’s sending *any* e-mail to a website that exists for the purpose of “gossip”, I think she’s automatically forfeting even the illusion of “privacy”.
And I’m no fan of Perez Hilton, either — there are things going on in the world that are dozens of times more important than the distractions on which his website focuses.
Wildcat
Katherine in Chicago
I love Perez and read perezhilton.com almost everyday.
Fact is, this woman was using company property and company time doing something she should not have: Reading Celebrity blogs on the clock instead of working AND leaving evidence of it for all the world to see.
For that alone dismissal would be appropriate.
Yet, she leaves inappropriate homophobic comments too?
Firing is the only acceptable option. Her employers must be relieved.
By publishing this suit she has made it easier for any prospective employers to avoid hiring her and ruining their own businesses. Woo-hoo!
Willie Horton
I have personally gotten people canned for using their office PC to send inappropriate Emails from a YAHOO account. This retarded woman deserved to be fired, and should be countersued for malicious prosecution after she LOSES this case.
Kit
I’m with Perez on this one.
The Real Deal
Who f**king cares? About EITHER of these mouth breathing morons?
If you think this crap is news, then Welcome to the Machine, you Republican Fascist Half-wit Slaves. War is Peace! Double-plus good! Get distracted much, morons? Shiny objects and flashing lights a distraction?
Keep worrying about sh*t like this while the Bush Crime Family keeps destroying your country.
You get what you deserve for not paying attention and for paying attention to garbage when you do.
Gia
Why is she sending those emails to him in the first place? This woman is ridiculous. It’s her own fault.
Beth
Perez may be a jerk, but this broad doesn’t have a leg to stand on. If she hates him so much, why even bother going to his website, much less taking the time to write her stupid, ignorant rant? She’s an idiot, and now she’s trying to profit from it.
Mrs C
They are both idiots…..using an employee account for this type of nonsense is beyond stupid. Let’s not even get into the kinds of things she no doubt wrote in that email….. but this Perez “person” is trash. Her lawsuit may be fooliesh, but Perez sued for the same thing…so, do as I say, not as I do?
They should be forced to sit in a locked room together for a week.
Nona
Give Diane Wargo a call and tell her how you feel:
(330) 626-4658
jjj
Mario AKA PEREZ is utter scum & I hope he dies of AIDS soon! His PUTA mother oo!
Shirley
It’s about time he get’s what he deserves. He is an out of shaped, fat nasty looking queer. I’m so happy she’s sueing him. I hope she get 25 mil instead of 25 mil.Oh well, Back to The house of Pancakes it looks like Perez.
Susie
“Judge not, that ye be not judged” She suing for what? It’s his opinion and right to say what he want to. What gives her the right to be judge and jury about his opinions. And for her to even take anythings he says seriously. If she hates him so much, why read anything he writes. Nobody forced her. And using her employers email, is violating her terms of employment. Also her remarks reflects the kind of person she is.
netmarketlinks
“Judge not, that ye be not judged” She suing for what? It’s his opinion and right to say what he want to. What gives her the right to be judge and jury about his opinions. And for her to even take anythings he says seriously. If she hates him so much, why read anything he writes. Nobody forced her. And using her employers email, is violating her terms of employment. Also her remarks reflects the kind of person she is.
netmarket
Give Diane Wargo a call and tell her how you feel:
(330) 626-4658
htt://www.methoo.com
SaveYourSoul_WorshipTheFlyingSpaghettiMonster
I just read the ruling and Judgment against this woman and I’m glad she lost. Stupid woman shouldn’t be using her company email for personal use. Duhhh.
Alanna MCClare
Diane did not lose this cae! She won!!!It was refiled in Los Angeles and Perez Hilton lost big time!!!He has to pay her 2.5 million dollars!!!!Perez was resued for invasion of privacy and is UGLY FAT ASS LOST BIG TIME!!!Diane never lost the case at all! It is just not public anymore but the two of them duked it out in arbitrtion court for years. This law suit has gone on for years!