Seinfeld Seeks to Toss Author's Lawsuit

NEW YORK — Jerry Seinfeld was just joking when he compared a woman accusing his wife of plagiarism to the killers of John Lennon and the Rev. Martin Luther King Jr., his lawyers said.

In a filing in U.S. District Court in Manhattan, attorneys for the former sitcom star asked a judge to throw out a lawsuit filed by Missy Chase Lapine against Seinfeld and his wife, the Daily News reported in Tuesday editions.

"Jerry Seinfeld made overstatements of opinion for comic effect," the comedian's lawyers said in the filing.

Lapine is seeking unspecified compensatory and punitive damages for copyright and trademark infringement, and made slander and defamation claims.

Lapine, the author of "The Sneaky Chef: Simple Strategies for Hiding Healthy Foods in Kids' Favorite Meals," accused Seinfeld's wife of plagiarizing her cookbook. Jessica Seinfeld's "Deceptively Delicious: Simple Secrets to Get Your Kids Eating Good Food" was published in October; Lapine's book was published in April.

Lawyers for the Seinfelds dismissed the plagiarism allegations in the court filing, saying, "The idea of sneaking healthy foods into a child's diet is not original to your author."

Lapine also contended in her lawsuit that Jerry Seinfeld, while making a promotional stop on CBS' "Late Show With David Letterman," suggested she was a crackpot by comparing her to the killers of Lennon and King.

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Comments

[NicoleAnonymous]

I think this discussion is mostly over so I have to describe something strange and irrelevant.

I had this dream last night and everyone from Seinfeld including Jerry and Larry were in it. They were having this party because Jerry and Larry had built a new house underneath the ocean so everyone was there with all the other creatures living under the sea. It was like that city that used to exist in the ocean and Kramer was laughing with this strange creature and Larry was by himself and wouldn’t talk to anyone. He looked really sad. And George was there also. Then all of sudden this pack of sharks came in and they said to me “He isn’t going to win you know” which was about Obama I think. Then we swam away.

I’m probably the only loser who actually dreams about discussions on Huffington Post.

[SlippingInTheDip]

I remember Jerry as a stand-up long before "Seinfeld", and he wasn't funny then. His "Sienfeld" show tho with writers, was great and i've watched all his repeats since.

[NeoConDeath]

"Seinfeld" is a great show and has held up fairly well over the years, I hope to own the entire series one day. The whole concept of a series with 4 self absorbed assholes doing "nothing" and reaping the consequences of their "nothingness' was philosophically groundbreaking.

From the reading about this case and my brief inspections of books, I'm disappointed to find myself siding with the plaintiff. The Seinfeld's and the Publisher should class up and settle with the lady. Seinfeld did not do himself any favors with his actions on Letterman. Dave showed some style in the way he handled the situation.

I find the comments here about Seinfeld being an asshole somewhat stupid considering the fact 99 percent of successful comedians are generally assholes. If they did not possess this particular personality trait , the comedy would not be as good. The Late Great Comedian Bill Hicks, whose last Letterman appearance was scrubbed for dubious reasons, would not have been as brilliant without the asshole thing going on.

PS Can not wait till Larry David's show comes back. I still crack up thinking about the "Carpool Lane" episode.

[luckyoldson]

I love Seinfeld and think about 95% of the asswipes on this thread are nothing more than jealous, underachieving, anti-Semitic bigots who really need to get a life.

People have been chopping and blending up food, then slipping it into other food...for centuries, and anybody who thinks this yahoo suddenly came up with this
concept is delusional.

[NoOtherWay]

How Rovian of you.

[CranialRectalLoopback]

You know, it IS OK to criticize Jews without being labeled an anti-dentite.

[jbeach]

Oh, come on. I love 'Seinfeld' the show, and think Jerry Seinfeld is pretty funny. But it is also possible to think Jerry Seinfeld completely sucks, without being anti-Semitic.

I mean, really.

[ellezeebub]

Disliking Jerry Seinfeld is equivalent of being anti-semitic? Hyperbole for lunch today, or what?

[NicoleAnonymous]

They're only trying to get a reaction out of people. Nobody really thinks it's anti-semitic to criticize him.

I'm Jewish and I think he is an arrogant jerk.

[sklfcats]

No soup, no soup for you.

[kappa08]

What's Jerry vetching about now?!

[caracas]

That's a shame.

[carex]

So disappointing. I saw him on Letterman and he was just vial. No excuse to victimize this woman. He really does belong with Michael Richards.

Looks like the Mrs. is reverting to type too. She marries a Tisch, them dumps him weeks after the honeymoon, because Big Fish Seinfeld happens by. Now she essentially does the same with this book. Too bad. Her charity had done some good in New York. I thought she was well on her way to redemtion, no more.

[edsel]

I never thought he was really that funny

[TRYKER]

Marriage seems to have soured Jerry, he isn't the same and he sure ISN'T funny with his awful remarks about the lady they ripped off. I saw him when he said that sh*t and he had the sickliest look on his face...lik­e my baby brother always had just as he was filling his pants.

Unless the Seinfeld's lost all their money in some hedge fund more-money­-making-sc­heme, you'd think they'd take the high road and apologize and pay her a decent settlement. That would have saved face for them. This way, they are circling the sewer and the stink is bad. Fools!

And high-road-Oprah, for sure she should have the other author on and get to the bottom of this and demand Jessica apologize just like Frey-guy situation/­confrontat­ion.

[carex]

But Jessica Seinfeld gave Oprah $25,000. worth of shoes, so I am betting that trumps the whole "you
lied" thing. Speaking of smarmy, Oprah was pretty smarmy to Mr. Frey. I went out and purchased his books to support him. Oprah could have made her point without the "crucifiction". Haven't watched her since. Waaaaaay too self righteous and agrandizing.

[TRYKER]

Marriage seems to have soured Jerry, he isn't the same and he sure ISN'T funny with his awful remarks about the lady they ripped off. I saw him when he said that sh*t and he had the sickliest look on his face...lik­e my baby brother always had just as he was filling his pants.

Unless the Seinfeld's lost all their money in some hedge fund more-money­-making-sc­heme, you'd think they'd take the high road and apologize and pay her a decent settlement. That would have saved face for them. This way, they are circling the sewer and the stink is bad. Fools!

And high-road-Oprah, for sure she should have the other author on and get to the bottom of this and demand Jessica apologize just like Frey-guy situation/­confrontat­ion.

[We]

I'm not a nutritionist or dietician, so I apologize if I'm wrong, but the doesn't whole concept of incorporating tiny bits of pureed veg into for example cake sound dubious?

[Theda]

The thing is, if you're gonna stick asparagus or spinach into brownies, you'll have to put a lot more sugar in to cover up the taste, won't you?
So that negates the idea of a "healthy" brownie.

[CranialRectalLoopback]

There's MUCH BETTER stuff to put in brownies than spinach!

[BigBagel]

Is Jackie Childs the lawyer in this case?

[Rotcod]

good one

[Ihaveadream]

It's amazing what the powerful with money, who are greedy for more, think they can say and do without consequences. I read the entire complaint as posted on TheSmokingGun. It is blatant plagiarism from the cover to the recipes to the book layout - no question. Then for Seinfeld to go on the attack against the highly qualified author, Ms. Lapine, is arrogant and incredibly stupid.

[Ihaveadream]

Also, incredible that Oprah's show didn't do better research before sucking up to the Seinfelds - well that's all her show has become. I'll bet she hasn't returned all those shoes either. I thought her "thing" was standing up for the little people.

[Theda]

I think Oprah should have Mrs. Seinfeld back on her show and 'scold' and reprimand her the way she did to James Frey.
Frey's book was originally designated as fiction. His publishing company decided to call it a memoir instead.
Oprah threw a fit when she learned Frey's book was partially embellished. She felt stupid for having endorsed his book---so she berated Frey on her TV show.
Obviously, she's NOT going to do the same thing with Jessica Seinfeld.
Thing is, Frey didn't steal anyone's written words. He created his book out of his head. Jessica Seinfeld didn't do that.
But...didn­'t she buy Oprah 30 pairs of designer shoes?
So, Oprah won't be "scolding" Jessica, that's for sure!

[davefoc]

Your post and reading TheSmokingGun copy of the lawsuit completely changed my mind on this.

I haven't seen Seinfeld's response but that lawsuit puts forth a very solid case for plagiarism and a solid case that Seinfeld was a complete jerk.

The link to the lawsuit:
http://www.thesmokinggun.com/archive/years/2008/0107083seinfeld1.html

[NicoleAnonymous]

Except being a jerk isn't illegal. Everyone knows that comedians use humor that sometimes is mean and not funny but there isn't a law against that.

She should have just sued them for plagiarism.

[talibanana]

Of course, that might be the jealousy in me talking . . .

[TRYKER]

I just read the whole thing at the 'Smoking Gun' and learned a lot. One thing no one has talked about is the Author Missy Chase Lapine is an accomplished person with all sorts of credentials in cooking and public awareness and teaching etc. This woman is a Professional, plain and simple and Jessica was an opportunist of the lowest sort.

Then when you read the 'similarities' it is not EVEN a question. It was a direct copy with very little alteration in almost any way!! This is a slam dunk and I hope she takes it all the way to court.

Punitive damages could make a great statement here...the slander was purposeful, egregious, planned and repeated over and over on network TV by a snidely-sinister man that used to be a comedian.

SHAME ON SEINFELDS!!!

[talibanana]

Coincidence? " . . . not bloody likely . . ."

I was ready to pre-judge this one, being as Mrs. Seinfeld seems like an all-out opportunist(dumped her broken-hearted rich boy husband of 3 months like a bad habit when she was bedazzled by Jerry . . .) and I checked out the story on Smoking Gun, but another site had conflicting "facts" - to wit that Jessica went to Harpers w/ the idea two weeks after Ms. Lapine (who Harpers flatly rejected with the identical idea). So therefore, in theory, Jessica "had the idea" before it was possible that Ms. Lapine's book was out. Of course, assuming this account is accurate (this being the internet that is a HUGE assumption) part of me wants to say that PERHAPS Harper's took the idea, if not the recipes, and found a "celebrity" to "author" the book, not knowing that Lapine went elsewhere to publish hers, since obviously the Sienfeld name is more marketable than . . . who? Lapine?

Regardless, even IF it's a TOTAL COINCIDENCE, it certainly in no way excuses Jerry's behavior in slandering this person and accusing her of being a stalker. I mean c'mon Jerry, you debase yourself when you use your celebrity to defame a person you don't even know, and you also make yourself look like a tool. It's not funny to call some woman "hysterical" because she might reasonably suspect that her best-seller (which she obviously poured lots of time and effort into) would be unfairly preempted by a copycat pseudo-celeb. If it were simply an understandable mistake you would think you'd be more magnanimous. What with your millions and zillions of dollars already, I would hope you would understand some poor struggling commoner like the other 99.9999% of society would be pissed as hell to have her big chance scotched by your already too undeservedly rich for words wife. And you make Jessica appear guilty, and cowardly, since apparently she needs you to fight her battles when, honestly, it appears she "bloody likely" might have brought this on herself . . .

[NicoleAnonymous]

But that is plagiarism. A publisher can't just take the work of someone and then "find a celebrity" who is willing to lie for them and claim it's their work. That is just wrong and it's illegal. Don't forget that Jessica's agent is the same agent who was already caught lying when she claimed a book was written by a student and then people found out she didn't write it.

It doesn't matter when the other book came out and it doesn't matter who had the "idea" first. Maybe Jessica had the "idea" many years ago but she didn't have the ability to turn that "idea" into recipies or a book The legal case seems to be that they stole the writing, the recipies and the entire book concept.

[supergranny]

I hope their lives are miserable as they join forces to fight the truth. I hope the lawsuit sticks and Mrs. Seinfeld hangs up her literary apron and calls the caterer as usual.

[NicoleAnonymous]

A new skit for Seinfeld when it returns:

Jerry: What is the deal with successful Jewish comedians marrying really horrible, narcissistic women who decide they need to take advantage of their husband's money by preaching to us about their "superior" lifestyles? We give Jessica and Laurie all this money and they still need attention from other people.

Kramer: But Laurie is on Huffington Post today! She is telling us how evil the car companies are although she flies in private jets everywhere! And Jessica stays up late every night making her own healthy food for her children!

Jerry: Maybe Jewish men just want to complain so they marry horrible women and feel justified feeling sorry for themself. What do you think Larry thinks about this?

Kramer: Let's ask him.

[avraamjack]

.
Who cares. He can pay the suit with petty cash he keeps around for dog food.
.