A case of mistaken identity can cost you, especially if it involves Kim Kardashian.
When Kim Kardashian shared a photo of a Texas death row inmate on Instagram to raise questions about his conviction for double murder, there was only one problem: She had the wrong man.
With his execution date nearing in early 2024, Kardashian posted on Instagram and Facebook to raise awareness about Ivan Cantu, who was convicted of killing his cousin and his cousin’s fiancée. The image she posted unfortunately featured a different Ivan Cantu – one very much not behind bars and living in Westchester, New York. Her social media team had mistakenly identified that Cantu, who worked as a project manager, and pulled his headshot from LinkedIn.
Kardashian’s team corrected the social media flub quickly, but because the reality TV star turned criminal justice advocate is one of the world’s most-followed social media figures, the damage was done. At least, that’s what Cantu’s legal team argued when the Cantu not on death row sued the celebrity the following year.
Now, after his lawsuit was thrown out last year, a judge just ruled that the living Cantu owes the billionaire influencer and reality TV star more than $167,000 in legal fees.
Cantu vs. Kardashian
In a civil complaint filed in L.A., Cantu argued that the incident exposed him to online hate, ridicule, and contempt. “Kardashian published and disseminated false information about Cantu that was clearly untrue, erroneous, unfounded, shocking, scandalous, degrading, disgraceful, and/or shameful,” the complaint stated.
The New York Cantu said that having one of the world’s most famous people link his likeness to a murder case caused emotional distress and damaged his reputation. Cantu sued for defamation through libel, defamation through slander, false light, invasion of privacy, intentional
infliction of emotional distress; negligent infliction of emotional distress, and misappropriation of likeness.
Late last year, the court granted a request by Kardashian’s legal team to toss out the lawsuit under special legal rules known as anti-SLAPP (Strategic Lawsuit Against Public Participation) laws, which are designed to block lawsuits that seek to stifle free speech. “The purpose of the anti-SLAPP is to ‘weed out, at an early stage [of litigation],’ claims arising from activity protected by the First Amendment to the United States Constitution that lack merit,” the court wrote of its decision.
In December, Kardashian filed a motion to force Cantu to cover the legal fees incurred in dealing with the lawsuit. This week, Judge Michael Small has granted that motion in part, meaning that Cantu is on the hook for the sophisticated legal representation that helped Kardashian prevail against him:
“Yes, it may seem anomalous that a person of modest financial means (as Plaintiff says he is) would have to reimburse a person who has lots of money (as Plaintiff says Kardashian has).
Income disparities are, however, irrelevant to the attorney’s fees equation under 425.16, subdivision (c)(1)… Thus even if Plaintiff’s finances are dwarfed [by] Kardashian’s, he still has to pay Kardashian the reasonable fees and costs she incurred in connection with her successful anti-SLAPP motion.”
According to Monday’s filing, the court did reduce one portion of the fees Cantu will owe to $38,261, down from $57,107. Unfortunately, that leaves the bill at $167,473 – a price that’s difficult to swallow for anyone who isn’t hanging out in the upper echelons of wealth.
While Kim K has found herself fighting for the wrongfully accused in recent years, one irrefutable fact of being a billionaire remains: If you come at her in court, you best not miss.