Smollett attorneys want defamation lawsuit by Nigerian brothers dismissed

The Osundairo brothers “grossly mischaracterize” some statements, and “conjure their claims out of thin air,” lawyers for the “Empire” actor say.

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Abimbola Osundairo and Olabinjo Osundairo

Abimbola Osundairo and Olabinjo Osundairo have sued Jussie Smollett’s attorneys in U.S. District Court.

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Attorneys for Jussie Smollett have responded to a defamation lawsuit filed against them in April by the two Nigerian brothers who say the actor hired them to stage a hate-crime attack against him.

In motions filed Friday, attorneys Mark Geragos and Tina Glandian asked a judge to dismiss the lawsuit by Olabinjo and Abimbola Osundairo, saying the brothers “have strung together a mix of mischaracterizations and outright falsehoods” to support their case.

Smollett initially told police he was attacked Jan. 29 by masked men while walking home in the Streeterville neighborhood. Smollett said his attackers put a noose around his head, beat him up, poured some liquid on him, yelled “This is MAGA country” and used racial and homophobic slurs.

The brothers initially were arrested as suspects in the alleged attack, only to be released later.

Smollett was initially treated as a victim by police, but detectives continued to investigate, and Smollett was charged March 8 with 16 felonies in connection with staging a fake hate crime.

Then, in a stunning move, prosecutors dropped all charges on March 26.

Geragos and Glandian continued to say in media appearances after charges against Smollett were dropped that the brothers attacked him — and did so in Friday’s filings, as well.

In one part of their motion, Geragos and Glandian list several comparisons of what the brothers allege Glandian said, which they compare to what they assert she actually said.

They also invoke California law, arguing that the brothers’ tactic amounts to a “classic” attempt to use the courts to limit free speech on a matter of public interest.

Gloria Schmidt, attorney for Olabinjo and Abimbola Osundairo

Gloria Schmidt, attorney for Olabinjo and Abimbola Osundairo, held a press conference at the Union League Club in April to announce the filing of a federal lawsuit claiming her clients had been defamed by attorneys for Jussie Smollett.

Ashlee Rezin/Chicago Sun-Times

The tactic is typically referred to as “strategic lawsuit against public participation” - or “SLAPP.” The attorneys note that California, where their law firm is based, has strong anti-SLAPP laws intended to protect against retaliatory defamation lawsuits. 

“The speech at issue in this case — commentary on a high-profile criminal matter — goes to the heart of what anti- SLAPP statutes are intended to protect,” they argue.

Jussie Smollett leaves court after charges were dropped earlier this year.

Actor Jussie Smollett leaves court in March after charges were dropped. Attorney Tina Glandian is slightly behind him (center right).

Ashlee Rezin/Sun-Times

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