NY Post defeats gender-bending libel claim--The Hollywood Reporter | Esq. | Entertainment and Media Law

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July 07, 2009

NY Post defeats gender-bending libel claim

By Eriq Gardner


Cordero Ever wonder whatever happened to transgender model Maximila "Ava" Cordero, the talk of the New York gossip scene in 2007 after she filed a pair of scandalous lawsuits?

Recall that Cordero's first lawsuit targeted billionaire financier Jeffrey Epstein for allegedly forcing her into a sexual relationship at the age of 16. Cordero's allegation against the man who New York magazine once dubbed the International Moneyman of Mystery was a bombshell, but nothing compared to the tizzy that erupted after the New York Post published a story headlined "Gender-Bend Shocker," that revealed that Cordero was born a male and quoted Cordero's MySpace page describing a "masturbatory fantasy" she had of being with multiple men and then multiple women.

Cordero filed a $100 million libel lawsuit against the paper and its corporate parent, News Corp., saying the Post had quoted the public relations flak it shared with Epstein and a phony MySpace page (also owned by News Corp.) to paint her as "a promiscuous slut." Cordero added that she felt as if she had been raped a second time by the newspaper.

The New York Supreme Court was the first to handle this steamy case, and the judge there dismissed the invasion of privacy claim but turned down the Post's motion to dismiss the libel claim. 

The Post appealed the decision with an interesting argument: that they had only reported Cordero's "fantasy," that they didn't actually report Cordero had actually engaged in sexual conduct with multiple men and women.

Apparently, this is a new get-out-of-libel card because the 1st Appellate Division of the Supreme Court agrees: "At bottom, plaintiff's claim of defamation rests on the contention that the average reader reasonably would infer that someone with such a lewd fantasy also is in fact sexually promiscuous," the ruling reads. "That some readers might draw this inference does not render it reasonable."

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