RealReality

I think Kandi may sue Porsha over it if Porsha is stupid enough to continue to say it. She was pretty passionate and clear about the fact that she would sue at the dinner party. And it was a pretty specific threat from someone like Kandi. I suspect she doesn't make it lightly. As you've pointed out, she has access to attorneys to advise her and she had been sitting on that information for days. As crafty as Kandi is, I could see her going to her attorney with all of her information and asking what her options are. And the threat to sue coming from that. But frankly, I think the damage is done for Porsha, and if I liked Porsha it would almost be sad, but she really did all this to herself. This entire season I've said that while I don't like Porsha, I think she does very well on Dish Nation. So well that I think she could easily land a role on a daytime talk show. I think she is pretty, is the right age, and has the right personality for it. But I think thats all over now. I can't imagine anyone wants to work with someone who handles conflict by falsely accusing someone of rape. Casting people are going to steer a mile clear of Porsha, and I can't blame them. Maybe she gets a few jobs here and there, but I can't see anyone casting her for anything big after this. If she loses RHOA, that will mean all she has is Dish Nation, and no real future prospects. Nene bit a few of the hands that fed her, and her career stalled. What Porsha has done is much worse Porsha should have just quit the show when she had the chance. I think the damage is done, at this point she should be holding onto that peach with every ounce of upper body strength she has because I don't see a lot of future prospects coming her way. The time to quit was before this season started.

boobie prize! Peter's gonna end up with 20 kids, right? I just want to make sure I'm not being too cynical.

This show....I just can't 1. Karly Redd gets naked and cleans a treehouse OR Joc gets naked for a sex book. Talk about a Sophie's choice. No matter what, the viewer loses, so please, both of you keep your clothes on. 2. I'm not sure how old Karly Redd is, but she was too old for her clothing 20 years ago. 3. Ugh, boring biddies club of Ariane, Mimi, and Tammy. Its like a snooze fest 4. Tammy, sweetheart, no one cares and you're boring. Even when you try, you're boring. Maybe get in a relationship with Ariane, but she is equally boring. Although Mimi might fight you for her. 5. I like Mimi's new woman 6. Tommi has given up drinking, but is still on meth or something. 7. Milk Dud Kirk can't even act for this bogus ass storyline, walking in the club grinning....and the girl grinning too 8. What Party City did they buy out for these lame ass masquerade masks. This party looks like something out of the ghetto porn version of Vanilla Sky 9. Morris Day wore that hair better. Since we're all friends here I can admit that I used to have the biggest crush on Morris Day, damn, something about a man with a perm and a zoot suit!

Depends. If a contract barred k from suing p (I'm my phone so forgive the abbreviations) then k would file suit and p would respond with the affirmative defense that k is contractually barred from suing her. At that point the judge would consider arguments from k on why the contract should not apply. She could argue that it's contrary to public policy to enforce a contract that allows p to call her a rapist on national tv. She could also argue that p is not a party to the contract and therefore should not be protected by it. In which case p would argue she is a third party beneficiary of the contract. The purpose of the contract is to protect bravos back, not porshas. She could also argue that she isn't suing for what p said on tv, but what she told others off camera, so the contract shouldnt apply at all.

No. :) There are defenses to contract formation that make the contract either void or voidable. Unconscionability, mistake, frustration of purpose, illegality, public policy, duress, inability to form the intent to be bound. And thats just off the top of my head. Also if terms arent clear enough for the court to figure out what the parties meant to agree to the contract can't be enforced.

I wish they would but bravo is happy for the ratings and buzz. And you KNOW their contract covers them. Maybe, maybe not. When to file is as much strategy as anything else. You reference this contract, but porsha isn't a party to the contract so whether she can claim a defense under a contract she is not a party to is a question. Not to mention contract enforceability as contrary to public policy. As I've said, the issues are not nearly as cut and dry as people would like to think they are. Furthermore, defamation doesn't require a public airing. Telling just one other person can count as defamation. Meaning kandi can sue porsha for saying the same thing off the air. Kandi herself said that if porsha kept it up she would sue her. And since kandi came to the dinner with that knowledge, it's reasonable to think she spoke to her attorney before saying it. But as I said, the law is almost always more complex than people think it is. It's why they make you attend law school and take a super difficult test before you're allowed to practice. LOL. If it was that cut and dry, i would be out of a job :) Although now that we're talking about it I'm gonna see if I can find an old torts outline so I can check the elements of defamation. And the rights of third party beneficiaries. I'm about 70% sure that porsha would have to claim some sort of detrimental reliance on the contract to assert any rights under if if NBC wasn't a party.

Honestly, I think this would be the only reason NBC might step in on any suit between Kandi and Porsha. And to me, even thats a maybe. It may be a good excuse for them to get rid of Porsha again if thats where they are headed.

It really doesn't matter, people sign contracts for much longer periods of time and their enforceability can still be an issue. And they can still be thrown out. As I said, a person can sign a contract with a cell phone carrier for years and years, however, when they sue their carrier is when the enforceability of any clauses, and the unconscionability of the contract would become an issue. Even understanding the contract doesn't mean its not unconscionable or in line with public policy. Having legal counsel would probably be a better defense of the contract terms, but probably only if the contract was negotiated, or if that clause was subject to negotiation. However, there is also a public policy exception for the enforceability of contracts. As I said, the right judge could hold that a contract is counter to public policy if it allows for someone to publicly accuse someone else of rape with no consequences. And, as I said, Porsha isn't a party to the contract at all. So, can she really enforce rights to a contract she isn't even a party to? I don't know, but I could see where the answer is no. So if Kandi chooses to ONLY go after Porsha, and not NBC/Universal, I'm not even sure that Porsha can claim any rights seeing as how Kandi never had a contract with her and she is only a third party beneficiary. The only issue with that is that Porsha would likely try to force NBC/Universal to be a co-defendant since she was "employed" by them at the time. Whether that could be done is also a question. But it becomes far less of a question if Kandi is smart and sues Porsha for all the crap she has been saying outside of the show to various people. A defamation suit requires transmission to only one other person, things don't have to be made super public. So a few text messages from friends to Kandi about what Porsha is saying would be all she would need for a basic defamation suit. And it wouldn't involve NBC at all. Also, can a work or employment contract really control your actions off the job? If Porsha is telling lies off the clock and not part of her job, and Kandi sues her for that it may be counter to public policy to say that Kandi can't sue for those things outside of "work." And thats assuming that Porsha can even invoke a contract she isn't a party to as a defense. Actually, I don't think your last statement holds true. It is unlikely that any of them have faced the same situation where they have had the money to pursue a case, and such a blatant lie that is criminal in nature and would likely have a foreseeable impact on future earnings and loss of reputation. I don't think many reality stars have as much money as Kandi, or the future earning capacity that is tied to her reputation as someone who isn't a rapist. But hey, thats the law for you! Almost always more complex than people think it is. LOL.

That doesn't really matter to determine unconscionability. I don't even think its a factor courts consider. It is when you have an issue with the contract that those issues are addressed. You may sign the same cell phone contract every two years, its when you take issue with the terms or want to sue your carrier that the enforceability of the contract is addressed. The fact that you signed the contract for years would unlikely be an issue. Also, courts will refuse to enforce a contract if it is counter to public policy. Allowing some chick to go around on national TV and call people rapists could rub the wrong judge the wrong way. And since the contract is between Kandi and NBC, I would question whether or not Porsha can claim any rights under it, as she is, at best, a third party beneficiary and nothing more. If NBC isn't a defendant (I don't know if they would be a required party to any suit) than they may not really care to enforce their contractual rights. But if Kandi is clear that she is ONLY suing Porsha, and NBC isn't a party to the suit its unclear that the contract Kandi signed with NBC would come into play. I suppose that NBC could later sue Kandi for breach of contract, but for what damages? A breach of contract claim has to have some damages. And why would NBC care if it was only Porsha that got sued? I doubt the contract Porsha signed requires NBC to indemnify her or pay her legal fees, so if NBC didn't pay any money, whats the damage to them for Kandi breaching the contract?

For all the talking Todd did, he may as well have stayed at home browsing Monster.com and updating his LinkedIn.

So, if someone let's their mother...the only person who cares for you for a long, long time talk smack about your husband that means you're okay with the rest of the world doing it? A lot of people, myself included, let their parents get away with things they would never allow anyone else to do. My parents get more rights than some halfwit THOT on the street. But hey, that's just how I roll....maybe it's a cultural thing.

Releases have been thrown out by courts before. Especially on unconscionability grounds. Also, kandis contract is with bravo/NBC. Porsha is maybe a third party beneficiary but she is not a party to the contract. I'm not entirely sure she can claim any rights under the contract if nbc/bravo didn't specifically step in. So, if kandi were to sue porsha and nbc, then I could see NBC stepping in with the contract. But if kandi just sued porsha, I'm not sure NBC would really care. I mean I can see NBC wanting to keep themselves from a suit for vicarious liability as porshas employer. But if kandi was clear that she has no intention of going after them than they may be okay.

That divorce comment was dumb. Although I guess porshas decree proves that she was a knowing beard for gay kordell. The difference with kandi is the shit she says is truth. Now Phaedra is doing the same backstepping that porsha is doing. First "I wasn't talking to any man" now "well I wasn't really talking to him" Kandi never has to backstep or backpedal. I think porsha knows exactly what the impact of her words are and chose the worst thing she could think up in the hopes that it would take attention off of her.

I would watch that!

I think this is one of the more honest statement I've read. I think they may be allies, they may be acquaintances, and they may be friendly. But like deep, life long friendships? No. Maybe once upon a time with Kandi and Phaedra -- but I'm not sure that Phaedra knows how to be a good friend. And I don't particularly say that with any shade, but when you're as worried about public image, and trying to avoid "bad press" as Phaedra is, I'm not sure it leaves room for true friendship, because you'll have to eventually turn on a friend to save your image. These shows are meant to be drama filled, and conflict heavy. How could anyone maintain a true friendship and constantly be embroiled in arguments, and drama, and fights?

Transcendent, Ethereal, Contemporaneous, Vogue Trends by Sheree :)

Liars normally have to lie for some benefit. Not confronting Kandi with a lie doesn't benefit Porsha, but lying about it when she did was a benefit to Porsha because she was successfully taking the heat off of herself, in her own limited mind. To me, this makes perfect sense. Dummy Porsha knew that she would be confronted with the truth and sprung direct to another lie in order to take the heat off of herself. Its not a new or particularly clever move. Maybe you could post some of the FB/blogs that have said that Kandi is a rapist who drugs people in drags them to her sex dungeon, because I've never in my life heard any such thing. As for Kandi, I'm not sure when this films/airs, but if I were her I would be on a campaign to discredit Porsha too. Especially with these latest accusations from Porsha that essentially amount to accusing Kandi of being a rapist. The Marvin story makes zero sense for obvious reasons. I generally believe logic over FB rumors, but thats just me. I don't think Kandi's rage is way over the top. You come at me, calling me a rapist and a drug addict, oh, and not just me, but my husband too? Yeah, we're gonna have problems. And I'm one of those people who doesn't get super heated about things, but instead of just admitting her part, Porsha has completely made up a story, and a fictional person to back her lies. No, I'd be upset too. But hey, maybe other people are used to being accused of criminal activities that they have no part of and so they are ready for such accusations and to confront them with a calm demeanor. I'm a pretty honest person, and from what I've seen, so is Kandi. When you're an honest person, perhaps the outright lies of others, to the point where they would make up a story about you being a rapist to cover up the fact that they like having sex with women would infuriate you because it makes no sense. Yeah, Porsha has anger management issues, no one else on the cast has been involved in violent altercations but Porsha. But now we know that Porsha has an anger management problem, and a problem telling the truth. LOL @ the idea that because Porsha said a lot of lies that some of it must be true. That feels like a very long stretch to me.

^^ yeah, Porsha is clearly a modest wallflower that should be offended by the truth of her sexuality coming to light As for nipples, you'd have to ask Block, or Todd 2, or that football guy, or that guy she was skyping, or that african guy she got a car from, or any of those guys from the Trillville video, or.... *insert eyeroll emoji here*

Yes, you heard it right. LOL, I thought Todd2 was hilarious. Porsha justified bringing him "in case something needed to be explained to other men" and I'm like "girl, the only other men on this trip are sweaty Bob, tiny Todd, and old man Peter. I don't think anyone will be in danger, but by all means, bring your boyfriend along, even though he should be looking for a job." And then, she is bringing him for backup and the whole time he is just quietly eating his soup and looking down.

I was just re-watching part of the dinner scene, and I noticed a few things. When confronted with the accusation that she is a lying liar who lies, Porsha's first reaction was to try to deflect by calling Kandi "messy" for sharing the conversation. That is becoming a "Porsha tell," the minute she is confronted with the truth, or something she has done, she immediately deflects. And why would she be so upset about Kandi sharing the conversation when she has been out and about telling people that Kandi planned to drug and rape her? Huh? When that deflection didn't work, then Porsha reverted to "well, you said a lot of things about me that I thought were lies" which made it sound like the shit she is making up about Kandi was just payback. Because, what lies? Porsha has pretty much admitted that she said those things to Kandi, I'm not buying that Porsha didn't sleep with Block, and she hasn't called that a lie. So, what lie is Porsha talking about. And how can you think something is a lie? Either you did it or you didn't do it. Either you said it, or you didn't say it. Which means it basically boils down to Porsha being upset that Kandi has told the truth about her, and is making up lies in retaliation

I thought that was probably one of the stupidest lines of the night. What did that even mean? That if two people get divorced it must be because one of them was sleeping with 18 year olds? So, if divorce papers prove rumors true, we can believe that Kordell is gay and Porsha was a willing beard? And honestly, Porsha didn't even have beef with Cynthia at that point, and I thought Cynthia was just saying that they were lies.

I respect this post a lot. We all like who we like on the show, and I think it can be tough to admit that someone you otherwise like fucked up. I say this as a Kenya fan who has, at times, had to take a step back and say "yeah, she was wrong about x,y,z"

I believe Kandi's accusations are way more true than Porsha's because Porsha has basically admitted to it. AFTER Kandi came at her with receipts. Suddenly she backpedaled from "I didn't do that!" to "well maybe I did do that." which is just as good as an admission. Kandi has never admitted to the lies that Porsha made up about her, because they are lies. I also don't think that Kandi was looking to demean Porsha as much as to say "YOU wanted to talk about me being a lesbian when you wanted to do x, y, and z to me?" More of a "why would you be talking shit about this, when you do the same thing?" It would be like me saying "people who eat dairy products are all fat losers" as I eat an ice cream cone. Its not that anything is wrong with the behavior, its just hypocritical to say something is wrong and then be engaged in the same behavior. So, I don't see how they are at all on the same level. Porsha needs anger management because she is violent. Even though Kandi talked about choking her, she never put so much as a finger on her. So, Kandi can feel angry enough to lash out, but can control herself enough to not physically lash out. And feel rightfully angry, feeling angry at someone basically calling you a rapist isn't an overreaction, its a normal reaction. No one can say the same for Dummy Porsha. Kandi is to blame for Porsha's lies? I don't get that at all. Everyone is responsible for the own shit that comes out of their mouth, Kandi did nothing to bring about Porsha calling her a rapist, unless she actually raped Porsha, or actually planned to. Which I don't believe she did, and which Porsha doesn't believe either as she runs to cover up her lies with some mythical person from the streets. What Kandi seems to spread is truth...which she appears to confront Phaedra on next week. And truth to be told, she kept all her business about Phaedra in for a long, LOOONG time. I don't think it was until Phaedra decided to mess with Todd and those close to Kandi that she let loose on Phaedra. So, if anything, Phaedra brought Kandi's attacks on herself. But I don't even think thats a thing. Kandi is responsible for what she said, which I think is fine, she told the truth on shady Phaedra after Phaedra messed with her.

I think its very naive to think that someone's reputation is rectified with a cease and desist letter that will likely never make it on air, the same way Porsha's accusations did. For the vast majority of the viewing audience that doesn't keep up with blogs or websites, the only thing they will hear is that Porsha/Kandi exchange, they will never see or know about the cease and desist letter. So whatever damage is done with Porsha's lies, is done and not made better with a letter. Adults NOT on a reality show would do just that. And even adults in the public eye could do that because for a mainstream celebrity like a movie star or a famous singer the lawsuit will be just as public as the false accusation. In other words, the same level of press giving to the false allegation will be given to the lawsuit. In this case, thats not the case. reality TV is popular, but a lawsuit is not going to get the same coverage or be seen by as many people as the false allegation. There is this idea in the law that in order for a public figure have a higher standard to prove defamation. Part of that is because courts believe that a public figure has access to more outlets to refute any false allegations. In a standard public figure case, the idea is that a defamatory statement is made to the public, newspapers, tv stations, talk show hosts all report on it. And when the public figure refutes its, the same newspapers, tv stations and talk shows all cover it as well. So, the lie and the truth are given "equal airtime" so to speak. Thats not the case here though. In this case, the biggest media outlet for both Porsha and Kandi is the show. The show will absolutely give coverage to Porsha's lies and Kandi's response during a fight. But its unlikely the same coverage will be given to a cease and desist letter. So there isn't "equal airtime" for both points of view if the only think that Kandi uses is a cease and desist letter. Which leaves Kandi's reputation potentially ruined. In the next episode it looks like Phaedra admits to talking to other guys before she and Apollo were divorced. So...again, it looks like Kandi speaks truth and Phaedra was lying. Also, I would point out that even if Kandi was lying, its certainly not against the law for a married women to step out on her husband. So, they aren't even similar situations. So, trying to say that Porsha and Kandi are on the same level doesn't make sense to me in any way at all. I don't think there is anything immature about Kandi at all, I think I would be pissed if someone accused me of being a rapist on national TV. I think any rational person would be pissed too. Or at least I would find anger in the acceptable range of emotions for an adult being falsely accused of attempted rape.

I don't think anyone maintained that a swat team was going to storm Kandi's house. However, I don't blame people for getting upset for being wrongly accused of a crime. I wouldn't blame anyone for that. I don't expect that people have a tranquil like affect when being accused of a crime that they didn't commit, I wouldn't expect it of Ghandi. As for the cease and desist order, that does nothing once the words have been said. To think that a lawsuit can really undo the damage of a publicly made false allegation as a rapist is a little naive, IMO. And the problem with such a false accusation is that drugging and raping someone is a notoriously difficult claim to prove. Therefore, it as just as hard an accusation to disprove. Especially when you say its an attempt, or a plan to do it. And because its so hard to clear your name of such an accusation it can follow you around forever. So even if a swat team isn't going to come to Kandi's house, its a very, very damaging lie for Porsha to spread and to say on national TV because she is salty that the truth about her is coming out. Its spiteful and cruel, and she knows full well that no damn person "told her" that Kandi was planning to drug/rape her. Porsha isn't a priest, reporter or attorney. There is no "streets/THOT" confidentiality, so if someone told her, lets bring this person out into the open then. .....unless of course that person is a figment of Dummy Porsha's imagination.