Anna Nicole Smith’s lawyer and companion, Howard K. Stern, filed a $60 million libel lawsuit Tuesday against Rita Cosby and her publisher over a book she wrote that claims Stern and Smith’s ex-boyfriend, Larry Birkhead, had a sexual encounter.

The suit, filed in federal court in New York, seeks $10 million in compensatory damages and $50 million in punitive damages from Cosby, the former MSNBC host who wrote “Blonde Ambition: The Untold Story Behind Anna Nicole Smith’s Death” — and Hachette Book Group USA Inc.

The book, which hit stores in September, claims that besides the alleged sexual encounter, Birkhead and Stern both worked together after Smith’s death to manipulate the media and maximize profits.

Smith died of an accidental drug overdose in Florida in February at age 39. Stern initially claimed to have fathered Smith’s young daughter, Dannielynn, but Birkhead eventually showed he was the father. The baby could inherit millions from the estate of Smith’s late husband, Texas oil tycoon J. Howard Marshall II.

Stern’s lawsuit says that the book falsely accuses Stern of, among other things, criminal lewd acts, homosexual acts, illegal possession and use of cocaine, conspiring to commit murder and kidnapping for ransom.

“Defendants have exploited Ms. Smith’s life and death by publishing false and defamatory factual accusations against” Stern, according to the 65-page lawsuit filed by Atlanta lawyer Lin Wood.

“Blonde Ambition purports to be a ‘tell-all’ book, but it can only be accurately described as a ‘tell-all-lies’ book,” Wood said in statement Tuesday.

A spokesman for Cosby declined to comment and referred calls to a spokesman for the book’s publisher. That spokesman, Evan Boorstyn, did not immediately return a call Tuesday seeking comment.

Both Birkhead and Stern, Smith’s longtime attorney and companion, had threatened to sue soon after the book was published.
An attorney for Birkhead, M.L. Trope, told The Associated Press on Tuesday that “it’s just a matter of time” before his client files a libel suit of his own. He did not say when that would be filed.

Birkhead acknowledged meeting with Cosby several times after Smith’s death in February. But he flatly denied that he and Stern ever shared a sexual tryst.

Cosby, a former MSNBC correspondent, claimed there is a videotape of the alleged encounter and that one of Smith’s former employees had seen the former Playboy Playmate watching it. But Birkhead has said no tape could exist because the encounter did not occur.

Birkhead also has denied the book’s claim that he and Stern made a “secret deal” about finances and the custody of Smith’s daughter, Dannielynn.
Cosby has said she expected backlash from Birkhead and Stern when she started writing the book in April.

Larry Birkhead and Howard K. Stern both plan to sue the author of a new book that claims the two men shared a sexual encounter before Anna Nicole Smith’s death and worked together afterward to manipulate the media and maximize profits.

“Blonde Ambition: The Untold Story Behind Anna Nicole Smith’s Death,” by journalist Rita Cosby, hit stores Tuesday.

Birkhead, the father of Smith’s infant daughter, said that though he has yet to see the book, he intends to sue Cosby, her sources and Grand Central Publishing.

“This is going to be one of the most expensive lawsuit settlements in book-publishing history,” Birkhead told The Associated Press on Tuesday.

Stern also planned to “file and aggressively pursue a libel case” against Cosby and her publishers, his attorney, L. Lin Wood, said on Tuesday.

“The more information I have received over the last several days about Ms. Cosby’s book, the more convinced I am that she has, as a practical matter, authored a work of pure fiction,” Wood said in a statement.

Birkhead acknowledged meeting with Cosby several times after Smith’s death in February. But he flatly denied that he and Stern, Smith’s attorney and sometime boyfriend, ever shared a sexual tryst.

“It’s totally false and defamatory,” Birkhead said. “This book is fueled by Internet gossip and tabloid reports. She never once tried to contact me or Howard to see if any of these things were true.”

Cosby claimed there is a videotape of the alleged encounter and that one of Smith’s former employees had seen the Playboy Playmate watching it. But Birkhead said no tape could exist because the encounter did not occur.

Cosby quotes Birkhead on some topics in the book, she said, but not on the sexual rumors.

“We also knew what Birkhead would say because we’ve seen him inconsistent on many other things,” she told AP Tuesday, adding that the book cites numerous sources and was “carefully vetted through attorneys at our publishing house.”

“I have nothing to hide,” she said. “I make no apologies for the book, and at the end of the day, the American public will see that these two men conspired to fool us all.”

Birkhead denied the book’s claim that he and Stern made a “secret deal” about finances and the custody of Smith’s daughter, Dannielynn.
“There’s been no deal cut. There’s nobody even positioned to make deals,” Birkhead said, noting that he is still involved in a custody dispute with Smith’s mother, Virgie Arthur.
Cosby said she expected backlash from Birkhead and Stern when she started writing the book in April.

“I knew going into this that this was going to be challenged by them at every turn because they don’t want the truth to come out,” she said.

Birkhead said the sources Cosby cites “all have pending litigation against me so they all have axes to grind.”

He also accused the author of opportunistic timing: “Rita Cosby uses this week, the week that my daughter turns one and the anniversary of (Smith’s son) Daniel’s death, to try to sell a book or two.”

Cosby said Dannielynn inspired her to write the book.

“The real issue here and the reason I did this book was that little baby,” she said. “The question is: What’s ahead for her future if these two men appear to be in collusion? … I hope that my book will expose some of the inconsistencies that have been out there and maybe have these cases given a second look.”

Dannielynn turns one on Friday.

Grand Central Publishing did not return messages seeking comment.

Larry Birkhead’s former attorney filed a lawsuit against him Tuesday, claiming he didn’t pay his legal bills during a paternity dispute involving his and Anna Nicole Smith’s baby.

Debra Opri wants to force binding arbitration under the terms of a contract in which she agreed to represent Birkhead in September, according to the lawsuit filed in Superior Court.

Opri said her work on Birkhead’s behalf was “extensive, entailed hundreds of hours of work” and required her to travel to multiple states and outside the country. The lawsuit did not specify a dollar amount.

After-hours phone messages left for Opri’s attorney, David Owen, and Birkhead’s lawyer, Michael Whalen, were not immediately returned.

Birkhead sued Anna Nicole Smith in October seeking a paternity test of her daughter, Dannielynn Hope, to determine who was the baby’s father.

Howard Stern, Smith’s attorney and longtime companion, had also claimed to be the father and was listed on the baby’s birth certificate.

A Los Angeles judge ruled in Birkhead’s favor in December but the DNA testing was not performed until months later. Smith died in Florida on Feb. 8 of an accidental overdose of prescription drugs.

After a highly publicized court dispute, paternity tests released last month showed Birkhead was the baby’s father.

Opri was Birkhead’s attorney during most of the dispute but later withdrew from the case without explaining why.

Larry and Dannielynn Birkhead have left the Bahamas and landed in Louisville, Kentucky where Birkhead was raised. This is the first time that Anna Nicole Smith’s baby has met her paternal grandparents.

Access Hollywood is reporting that the US media freenzy has already begun in Kentucky. As Larry and Dannielynn landed, two helicopters swarmed above while the media lined the airport’s chain link fence.

Tony Potts of Access Hollywood traveled with the Birkheads on their flight from the Bahamas to Kentucky and confirmed that they had a nice flight.

“She ate, slept, played and ate again,” Potts recounted. “She barely even fussed.”

Her also confirmed that Larry had a comfortable ride. Whew, we can all sleep again.

This is also the first time that Smith’s companion, Howard K. Stern, will be away from the baby who he once claimed to be his own.

Anna Nicole Smith’s mother is attempting to block her granddaughter’s return to the US.

The late Playboy playmate’s ex-lover, Larry Birkhead – the proven biological father of Dannielynn – was granted freedom to leave the Bahamas with his seven-month-old daughter by a Nassau court on Wednesday.

But Arthur has filed an appeal objecting to the judge’s ruling, an unusual decision as she lives in the US and had previously argued that her daughter and her grandson Daniel should be buried near her Texas home, and not in the Bahamas.

There will be a public court hearing regarding her appeal today.

Dannielynn has remained in the Bahamas under the care of Howard K. Stern – Anna Nicole’s lover and lawyer – since Anna Nicole died of an accidental drug overdose in Florida on February 8.

Birkhead said efforts were “in the works” to obtain a passport for Dannielynn and he hoped to travel to the US “pretty soon.”

The 34-year-old photographer – who had been locked in a custody battle with Arthur – has been ordered to return to the Nassau court for another formal custody hearing on June 9.

Larry Birkhead has defended Anna Nicole Smith’s lover Howard Stern.

The photographer, who was locked in a paternity battle with lawyer Stern for custody of the late Playboy model’s daughter Dannielynn, has revealed Stern has been a great help to him since he was revealed to be the biological father.

Larry said in an interview with America’s OK! magazine: “It seems unlikely, but he’s been a great help. He’s been with Dannielynn the last several months.”

“He knows her likes and dislikes and things that could help me. He gives me credit when I’m doing good things and gives me tips on things I should do a little different.”

“People blame him a lot, but Anna had her own mind too. She had a choice and we were arguing and that’s what happens. I’m thankful that everyone can get along for Dannielynn. How could you not?”

Stern was named as seven-month-old Dannielynn’s father on her birth certificate, and tried to evade DNA tests for several months.

As well as the custody battle for Dannielynn, Birkhead, Anna Nicole’s mother Virgie Arthur and Stern also fought for custody of the actress’ body.

She has finally been laid to rest in the Bahamas. Arthur is now solely fighting Birkhead, 34, for custody of her granddaughter.

He said: “It’s puzzling for her to display affection to me and then for the attorneys to say she’s going for custody and Larry was just a sperm donor and a one-night stand.”

“Then they all come and shake my hand. You’ve gotta scratch your head and say, ‘What’s going on here?’”

“I’m willing to listen to see what people want, but that doesn’t mean I’m going to agree. I hope I don’t have to fight for the baby.”

Birkhead is determined to raise Dannielynn alone after DNA tests proved he is her biological father.

However, Anna Nicole’s mother Virgie Arthur has indicated she may apply for custody, saying: “I’m glad to find out who the father is, I just want to be the grandmother. It’s not over, but it’s getting a lot better.”

Birkhead doesn’t want a custody battle and insists he will let Arthur visit whenever she wants.

He told the ‘Today’ show: “We might go from one fight to another, but I’m hoping that’s not the case because there’s only one dad, and I have no problem with anyone that has good intentions being allowed to visit the baby and be a part of the baby’s life.”

“It would imply that I’m unfit as a parent, which I’m not. I’m looking forward to giving Dannielynn everything that she needs and all the love and support.”

Howard K. Stern – who was named as Dannielynn’s father on her birth certificate – said he was “disappointed” by the DNA results but will support Birkhead in any custody battle.

Stern revealed: “I’m obviously very disappointed, but my feelings for Dannielynn have not changed. I’m going to do whatever I can to make sure Birkhead gets sole custody.”

A hearing to determine who will raise the seven-month-old baby will be held tomorrow (04.13.07).

Birkhead, who claims he was in a relationship with Anna Nicole until May 2006 when she was five months pregnant, has been seeking custody of Dannielynn for months.

Dannielynn could inherit an estimated $470 million fortune from the estate of Anna Nicole’s late oil tycoon husband J. Howard Marshall, depending on a forthcoming court ruling.

Anna Nicole had been fighting Marshall’s family for his estate since his death in 1995 and the battle is yet to be resolved.

The former Playboy model died on February 8, aged just 39, from an accidental drugs overdose.

Courtney Love is set to play Anna Nicole Smith in a new biopic.

The 42-year-old singer – the widow of Nirvana frontman Kurt Cobain – is being considered to portray the tragic Playboy model who died on February 8 from an accidental drugs overdose.

A film insider is quoted by Britain’s Daily Star newspaper as saying: “Courtney is flattered to be in the frame as she had a lot of respect for Anna. Courtney feels she can relate to her tragedy.”

“Owen Wilson is also being lined up to possibly play Anna Nicole’s former love Larry Birkhead.”

Another biographical film entitled “Anna Nicole” is set to start shooting next week.

This project will see 26-year-old singer and “Dancing with the Stars” contestant Willa Ford playing the blonde bombshell.

There are striking similarities between Ford – who calls herself the “bad girl of pop” and Anna Nicole. They both shot to fame modeling for fashion label Guess? and were named Playboy’s Playmate of the Year.

The film will chart Anna Nicole’s rollercoaster life from the age of 17, documenting her two marriages, her battle for her late husband J. Howard Marshall’s billions and her untimely death.

Anna Nicole died aged 39, just five months after giving birth to her daughter Dannielynn. Larry Birkhead was revealed as the father of the seven-month-old baby on Tuesday (April 10, 2007).

DNA tests confirmed the photographer is the biological father of seven-month-old Dannielynn.

Anna Nicole had named her lover and lawyer Howard K. Stern as the father on the tot’s birth certificate.

Birkhead said: “I hate to be the one to say this, but I told you so. My baby’s coming home soon. I’m happy to have this behind me and to be able to start a life with my daughter.”

Stern had claimed he was the father because the conception date correlated with his relationship with Anna Nicole.

However, Birkhead – who had a two-year relationship with the late Playboy model – always insisted the baby was his.

The paternity tests have now confirmed with 99.9999 per cent certainty that Birkhead is Dannielynn’s biological father.

Significantly, the result will give Birkhead control of the $474 million fortune Dannielynn could inherit from her mother’s marriage to the late oil tycoon J. Howard Marshall.

Stern will hand Dannielynn over to Birkhead in the next few weeks.

Both have agreed to block any attempt by Anna’s mother Virgie Arthur to seek joint custody.