DIY Photography

Your one stop shop for everything photo-video

  • News
  • Inspiration
  • Reviews
  • Tutorials
  • DIY
  • Gear
Search

Submit A Story

Photographer Accused Of Charging For Album Cover Now Goes To Defamation Trial With The Client

Apr 12, 2015 by Udi Tirosh 29 Comments

  • Share
  • Tweet
  • Flipboard
  • WhatsApp

polito-letter-02

UPDATE: this story is now under trial, you can read the latest update here.

Remember that couple – the Moldovans – who said that their photographer – Andrea Polito – made them pay extra for an album cover? The photographer since came forward with her version of the story showing evidence that she suggested the couple a free cover (and actually went above and beyond for the couple). Many news outlets, though, did not follow up on the story to vindicate Polito. And sadly, even if they did, telling a story about a photographer that is doing good is not as exciting as a photographer who is mistreating their clients and the follow up did not get as much attention.

Obviously Polito’s business took a major hit during those event and now she is seeking justice with the Moldovans. In a filing made to Dallas county Polito is asking for a jury trial for a sum between $200,000 and $1,000,000.

The case spans over a dozen pages and state the reason for the lawsuit:

This is a case about APP’s [Andrea Polito Photography – UT] clients, the Moldovans, who sought local media to publish a story based on defamatory and disparaging statements about Polito and APP to exact unjustified revenge for their personal benefit; who republished the story on various social media and electronic forums, including Twitter, Facebook, Instagram, emails, and text messages to harm Polito and APP; and who directed business away from Polito and APP. To further destroy Polito and APP’s reputation and business, the Moldovans engaged in a smear campaign taken worldwide on many websites and different forms of media. The Moldovans took pride and pleasure in the harm they caused, bragging they were “pretty sure her business is done.” The Moldovans’ tortious actions have damaged Polito’s personal and professional reputation, caused her extreme emotional distress, and already caused, and will continue to cause, substantial economic damages to APP.”

Polito and attorneys also say that the Moldovans were not pure at intents. Not at all:

As a consequence of Defendants’ wrongful acts described above, Plaintiffs have suffered actual and consequential damages. Plaintiffs seek general and special damages, including damages associated with mental anguish, injury to feelings, and injury to character and reputation. Prior to the Defendants’ remarks, Polito (and APP) enjoyed an excellent professional reputation, receiving favorable reviews from clients and others. 55. Plaintiffs request and are entitled to costs of Court, and pre- and post-judgment interest at the maximum rate agreed to by the parties or permitted by law, pursuant to Texas law. 56. Moreover, Plaintiffs plead exemplary damages on all causes of action. Defendants committed the aforementioned acts with the kind of willfulness, wantonness, and/or malicious intent for which the law allows the imposition of exemplary damages

And so they are asking to be compensated:

All conditions precedent to the filing of this action have been performed, have occurred or have been waived. Pursuant to Rule 47 of the Texas Rules of Civil Procedure, Plaintiffs state they seek monetary relief over $200,000 but not more than $1,000,000. X. JURY REQUEST 58. Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Plaintiffs request a trial by jury and will tender the appropriate fee

If you recall, the original case was about a $150 cover. Now it is a $1,000,000 lawsuit. I would imagine that both parties are not happy about how this escalated.

You can read the entire filing by going to http://courts.dallascounty.org/ (curently down) and lookin for case  # DC-15-03069 [lead image by lisa rigby]

FIND THIS INTERESTING? SHARE IT WITH YOUR FRIENDS!

  • Share
  • Tweet
  • Flipboard
  • WhatsApp

Related posts:

photographer accused of charging for album cover closer to win defamation trial Couple Pays for Wedding Photographer, Then Asked For Additional ‘Album Cover’ Fees Album Cover Fee Story Followup – An Open Letter From The Photographer Couple who defamed photographer over album cover ordered to pay over $1,000,000

Filed Under: news Tagged With: Andrea Polito, business of photography, photography contract, Wedding Photography

Udi Tirosh: from diyphotography.net

About Udi Tirosh

Udi Tirosh is an entrepreneur, photography inventor, journalist, educator, and writer based in Israel. With over 25 years of experience in the photo-video industry, Udi has built and sold several photography-related brands. Udi has a double degree in mass media communications and computer science.

« Updated Zenit Helios 40-2 85mm f/1.5 Lens Announced
Carry All Your Gear with This Insane DIY Photography Rig »

Submit A Story

Get our FREE Lighting Book

DIYP lighting book cover

* download requires newsletter signup
DIYPhotography

Recent Comments

Free Resources

Advanced lighting book

Recent Posts

  • Here’s a bullet time video booth you can build yourself
  • Ricoh has discontinued the HD PENTAX-DA 21mm F3.2AL Limited silver lens
  • This “stellar flower” unravels the twilight’s evolution in 360 degrees
  • Strobes vs Continuous LEDs – Which is right for you?
  • Wave goodbye to Apple’s My Photo Stream next month

Udi Tirosh: from diyphotography.netUdi Tirosh is an entrepreneur, photography inventor, journalist, educator, and writer based in Israel. With over 25 years of experience in the photo-video industry, Udi has built and sold several photography-related brands. Udi has a double degree in mass media communications and computer science.

Alex Baker: from diyphotography.netAlex Baker is a portrait and lifestyle driven photographer based in Valencia, Spain. She works on a range of projects from commercial to fine art and has had work featured in publications such as The Daily Mail, Conde Nast Traveller and El Mundo, and has exhibited work across Europe

David Williams: from diyphotography.netDave Williams is an accomplished travel photographer, writer, and best-selling author from the UK. He is also a photography educator and published Aurora expert. Dave has traveled extensively in recent years, capturing stunning images from around the world in a modified van. His work has been featured in various publications and he has worked with notable brands such as Skoda, EE, Boeing, Huawei, Microsoft, BMW, Conde Nast, Electronic Arts, Discovery, BBC, The Guardian, ESPN, NBC, and many others.

John Aldred: from diyphotography.netJohn Aldred is a photographer with over 20 years of experience in the portrait and commercial worlds. He is based in Scotland and has been an early adopter - and occasional beta tester - of almost every digital imaging technology in that time. As well as his creative visual work, John uses 3D printing, electronics and programming to create his own photography and filmmaking tools and consults for a number of brands across the industry.

Dunja Djudjic: from diyphotography.netDunja Djudjic is a multi-talented artist based in Novi Sad, Serbia. With 15 years of experience as a photographer, she specializes in capturing the beauty of nature, travel, and fine art. In addition to her photography, Dunja also expresses her creativity through writing, embroidery, and jewelry making.

Copyright © DIYPhotography 2006 - 2023 | About | Contact | Advertise | Write for DIYP | Full Disclosure | Privacy Policy