GIFFORD V. NATIONAL ENQUIRER, INC.
1993 WL 767192 (1993)
NATURE OF THE CASE: National (D) filed a motion to dismiss Gifford's (P) complaint for
libel, statutory and common-law misappropriation of rights of publicity, false light, and
negligent and intentional infliction of emotional distress, for a failure to state a claim.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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