Weird Story of the Day: TMZ stands by their Kimo Leopoldo report
Remember that screw up report that Kimo Leopoldo died of a heart attack but in fact was simply taking a long nap?
That moment was not exactly the highlight of the MMA blogosphere as the story snowballed out of control from an internet forum post into a confirmation by TMZ. Leopoldo's camp floated the idea of legal action against the perpetrator of the rumor. But what about TMZ? Do they stand by their initial reporting or do the offer a retraction and an apology for the mistake?
Seems like the former,
TMZ founder Harvey Levin told FiveKnuckles.com exclusively that they had received the tip that Leopoldo had died from the fighter's management. "We actually got a call from his reps," said Levin. He now, looking back on the issue, thinks that it might have been motivated by publicity.
While Levin would not reveal the name of the person who contacted TMZ, he did explicitly say that the confirmation came though Leopoldo's camp. "There are a lot of people who just want to - and I'm not saying [Leopoldo] - but representatives that want to get their name out there in all sorts of ways," Levin said. "And somebody there clearly did."
However, Leopoldo's lawyer, Stephen Doniger, is still in the process of filing a lawsuit against TMZ. Initially, Doniger and Leopoldo wanted to settle the matter without going to court, but TMZ has not responded to Doniger's attempts at communicating.
So someone from Kimo's camp confirmed the news that Kimo was dead. Wow.
I would love to see this go to court since TMZ would most likely have to divulge their source.
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As an attorney who represents media companies, it is not surprising to me that they didn’t print a retraction or an apology. One school of thought is that doing so, in some circumstances, can potentially destroy your case on the issue of malice – i.e. admitting the mistake gets the plaintiff one step closer on liability. It also potentially waives your substantial truth defense.
by GEM on Sep 11, 2009 10:11 AM EDT reply actions 0 recs

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