Celebrity Justice
Birkhead Wins Legal Skirmish with Opri

Larry Birkhead and Debra Opri will go before a jury in their bitter fee dispute.

TMZ has obtained a ruling from a Los Angeles County Superior Court judge, in which Opri's argument that the dispute be heard privately by an arbitrator was shut down.

Opri was banking on the judge accepting a provision in her fee agreement, which called for arbitration. But the judge noted that "Birkhead's declaration contains great detail about the facts surrounding his introduction to Opri. ... He states that he was introduced to Opri through a reporter with MSNBC [Rita Cosby], and Opri told him that he would not be charged any fees 'because the publicity from her representation of me would greatly benefit her legal career.'"

The judge was not impressed that Opri never dealt with Birkhead's allegations of fraud, duress and waylaying hundreds of thousands of dollars he earned. The judge said, "where a party provides weaker evidence when it could have provided stronger evidence, the (judge) may distrust the weaker evidence." In other words, Opri should have addressed Birkhead's allegations rather than just saying he signed an agreement.

Birkhead's lawyer Michael Trope said, "I'm happy with the result." See ya in court!



Reader Comments

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46. The dude looks like a lady.

Posted at 5:04PM on Sep 6th 2007 by Steven Tyler

47. LB is gonna die before he sees a dime out of this -- then they can write another book

What are these people thinking of -- they think the Marshall millions are over the next hill-- like all they won was the right to go round #3 and no ANS to flash her --- to the judge. That big judgement was reduced to $88 mil and then nothing.

Posted at 5:06PM on Sep 6th 2007 by What next

48. Larry if you want to make money selling photos, take a picture of your dad's face when you tell him you really are gay. I will buy that magazine.

Not that there is anything wrong with that,

Posted at 5:08PM on Sep 6th 2007 by Taste just like beef

49. If Rita is such a reliable reporter, why is she no longer employed by either Fox News or MSNBC? I think both Opri and Cosby are taking advantage of LB to grab the money that is available surrounding a scandal. The jury will see through these money grubbing females.

Posted at 5:26PM on Sep 6th 2007 by Sandflea2

50. 30. Where things stand now, I would think this might be a victory for Opri. Instead of going to an arbitrator and agreeing on a lesser amount, I wonder if it will be all or nothing now.

Posted at 4:47PM on Sep 6th 2007 by BB

Opri does not have victories. I would think that it is not a good thing as she fought against it being heard by a jury. Common people don't think they should be charged for dinners that cost over $2000 and you as the client was not even there. nor do they think she had the right to buy another $2000 to have losbster shipped in as a thank you to larry friends that he did not ok, nor do they pay $100 for each fax to be sent or e-mails, nor do they think they should pay for their attorneys husband dry cleaning or airfare. Nor do they pay $15000 for her to attend a funeral that she was asked not to attend. Nor would they expect to pay over $10,000 for their cell phone charges. because the average person would find all this stuff ridiculuos Larry is way better off in front of a jury. Also she is loud, brash, harsh, and in your face and is just not a like-able person. Also people in Calif are aware that she has other clients fighting her over top excessive charges. And they are aware that she just lost to Hasseloff by trying to pull a fast one on her bill for his ex-wife and tried to bully him and threatened him to pay it. So if you think she is the winner by this ruling, then good luck with that thinking.

Posted at 5:11PM on Sep 6th 2007 by Opri is going down.

51. You go baby! YEA! Larry!

Posted at 5:11PM on Sep 6th 2007 by Maggie

52. Debbie, you might want to take your husband's dry cleaning bill off of Larry's bill before you go in front of the jury!! Just a thought.

Posted at 5:13PM on Sep 6th 2007 by ugh

53. With a name like Beer Slave I am not inclined to take your moral judgement of Larry Birkhead or Anna Nicole seriously. I have not read Rita's book so I can't really comment on her informations validity or legality of her sources. I do know that Larry Birkhead has carried himself as honest and as a gentleman throughout the circus of trying to rightfully claim his daughter. Of all the people involved, including the judge, he seemed to have the most dignity. Anna was very sick, and unfortunately surrounded by people who were out for their own gain and not as true friends. I sincerely hope that Larry's love for his daughter and the stable environment of his own family will help her grow into a woman to be proud of in the future.

Posted at 5:15PM on Sep 6th 2007 by Abe Lincoln

54. Opri is proving more and more that she was never qualified to handle Birkhead's case in the first place, if she can't even represent herself any better than that. I know paralegals who could do a lot better job than Opri.

I'm still wondering just exactly how much information Opri gave to Rita Cosby, which was later used in her book trashing Birkhead. Something tells me the fee dispute is the least of Opri's problems, because if she leaked confidential information to a journalist in return for a referral, she'll be disbarred for it.

Posted at 5:23PM on Sep 6th 2007 by Puh-lease

55. Beer Slave, what you ranted the first time was stupid enough! Repeating it just confirms your stupidity. Drunks repeat themselves, Do you know who your father is? Go Larry. I invite all of you who so maliciously attacked this loving father to eat crow publicly when he wins.

Posted at 5:30PM on Sep 6th 2007 by Abe Lincoln

56.

8. Rita's book is a great read and it is selling like hotcakes thanks to Larry and Howard. They are so worried they can not shut up, lol.

Posted at 4:12PM on Sep 6th 2007 by Bandy

Opri's argument that the dispute be heard privately by an arbitrator was shut down.
Makes your wonder what Opri has to hide. The Guys are pissed off and fighting mad, the lawyer is trying to hide something, something that she wants arbitrated in silence...Hmmmmm Go Figure. Wonder Who is really hiding What?

Thanks to Opri and Cosby - The guys will never have to work again, they will be able to live the high life off of all that pretty book money there going to get. ROFL - LOL LOL LOL

Posted at 5:53PM on Sep 6th 2007 by Anonymous

57. Probably Anonymous. Larry and Howie will probably get all of the profits from Rita's book.

Posted at 5:57PM on Sep 6th 2007 by Brina

58. Sues - couldn't agree with you more.
What good lawyer would want to face an arbitratur privately and in silence instead of going in front of a jury if they have been wronged? Thats tantamount to settling to make it go away.
What is she afraid of?

Lest we forget, she helped herself to his income. This was not a billing not paid. It was waylaying his money. How would anyone in here feel if there lawyer stepped in and just helped themselves to their salary?

Lastly, if Opri gave priveledged information to the reporter on her client - Hello State Bar examinators. This is a very serious offense. It would have had to have been acceptable by the client from the beginning.

This is a very bad omen for Not only Opri but Cosby.

Looks Like Larry & Danilyn will have to live with the hideous book, but at least they will have
plenty of money when the lawsuits finish.

Posted at 6:14PM on Sep 6th 2007 by Ted

59. i am so glad for larry,i think it is more than time opri got put in her place .enjoy your daughters birthday larrythings will work out fine. rest easy and know each one of the sick people that tryed to hurt you and dannielynn will soon pay the piper.

Posted at 6:17PM on Sep 6th 2007 by BEVERLY

60. HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA........

FANTASTIC... OPRI LOOKS LIKE A LIAR.
RITA LOOKS LIKE A LIAR.

TWO PEAS IN A POD!!!

THE TRUTH W I L L PREVAIL!!!!!

Posted at 6:26PM on Sep 6th 2007 by Lynderella says ....Rita wrote garbage and wants us to jump in and wants us to jump in & stink too....don't jump...dont' buy t

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