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: South Florida Lawyers

Hello??

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What am I, chopped liver?

I sit at my desk, waiting to pounce into action on behalf of a client, yet I keep getting passed over. First, TO passes over me to hire Allan Lerner to write a cease-and-desist letter over some "porn happens" incident on South Beach. Ok, fine, it's a dumb case really.

But now Ashley Alexandra Dupre?? You know, Eliot Spitzer's canoodler-for-hire? She has gone and hired -- of all people -- Richard Wolfe:

Dupré filed a lawsuit Monday in federal court in Miami, claiming Girls Gone Wild founder Joe Francis should pay her more than $10 million.

Turning 23 Wednesday, Dupré was underage -- 17 -- when she ran into Francis' film crew outside Miami Beach's Chesterfield Hotel in March 2003. They got her drunk and filmed her flashing her breasts in hotel rooms, she claims in the suit.

Francis, 35, who arrived in Miami on Monday to promote his company's new magazine, told The Miami Herald he has ''never sold one'' video of Dupré. His attorney in Los Angeles said there are no plans to sell the Dupré footage, although a Girls Gone Wild news release last week announced the Hooker Gone Wild DVD featuring Dupré would be included with every copy of the video empire's new $9.99 monthly magazine.

Francis has heralded the footage since last month, when Dupré became identified as ''Kristen,'' the high-priced prostitute who had sex with New York Gov. Eliot Spitzer, leading to his resignation.

Francis has advertised the topless footage on his websites -- including one called ashleydupre.net.

Dupré and her Miami attorney, Richard Wolfe, say Francis has profited from false advertising and unauthorized use of her name and images. They also say that even though she signed a consent, at 17, Dupré was not legally competent to enter into a contract with Francis.

But Francis recalls that Dupré knew exactly what she was doing. Although she was 17 at the time of the filming, Dupré showed the crew a fake ID showing she was of legal age and named Amber Arpaio, Francis said.

That's ok, Ashley -- I forgive you.

A lot of interesting issues here. Contracts, consent, fair use, etc. If you want to see how Richard the Lionhearted framed Ashley's claim, you can review the lawsuit here.

Who do you think Joe Francis will hire? He has a reputation for taking cases to the mat.

Full post as published by South Florida Lawyers on April 29, 2008 (boomark / email).

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