The woman who inspired Jennifer Lopez's charismatic and conspiring character Ramona in Hustlers sued, claiming the portrayal damaged her reputation
are asking a New York federal judge to toss a lawsuit filed by the real-life adult entertainer who inspired Jennifer Lopez's character in the film, arguing she can't succeed on her claims that the film used her likeness without permission and damaged her reputation., along with Gloria Sanchez Productions and Lopez's Nuyorican Productions.
Schell argues the state civil rights laws she's relying on for her invasion of privacy claims don't apply because they preclude using "the name, portrait or picture of any living person” for purposes of trade without advance written consent and allow individuals to bring a civil suit if their “name, portrait, picture or voice” is used without such consent.
"The law simply does not allow Plaintiff to sue over an unauthorized dramatization of her 'story' or characterizations of her personality, even if Ramona evokes in some viewers’ minds parallels to Plaintiff," writes Schell.to be about Barbash, it's not defamatory because the events depicted in the film are substantially true. Further, they argue, Barbash is a limited-purpose public figure and would have to prove actual malice to succeed on that claim.
"Defendants do not deny that Plaintiff’s story was part of the inspiration for the movie, but Plaintiff has not plausibly alleged that a reasonable viewer would take the one allegedly defamatory statement — the scene in which the character Ramona is 'using and manufacturing illegal substances in her home' — as a factual assertion about her," writes Schell.
Further, Schell argues, "[e]ven if the Court were to take as true her conclusory allegation that she has suffered harm to her reputation, there is no plausible reason alleged that one scene in a fictional movie depicting a character inspired by Plaintiff mixing drugs — rather than Plaintiff’s participation in and felony plea to a criminal conspiracy — was the cause of that harm."The Wolf of Wall Street.
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