Lemme ask.. would you sue (the crap out of) a magazine (or any other media outlet) if they claimed you were cheating on your partner?
I'm not a celeb, nor do I find myself in any similar sticky situation. Were I newly married to somebody probably more famous than myself (and wanting to prove that I'm a stand-up guy) what would I do?
Nobody has the right to slander your good name. I just don't see the need to sue for $40 million. If he didn't cheat, and she trusts him, then what's the point? I hate to say this, but does he just need the money? Does he really need $40 mil to prove a point?
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