We can officially add Johnnie Winston to the “People Phaedra Parks Has Fucked Over For Her Own Personal Reasons ” list. According to an exclusive story published by The Jasmine Brand, a judge has granted Kandi the right to countersue Winston for defamation and violation of a nondisclosure agreement (NDA).
Wait, Johnnie signed an NDA? Why yes, yes he did. Not only at the point of his initial independent contractor contract, but again at the end when the independent contractor contract was dissolved. The countersuit mentions Winston sharing pay stubs and having conversations about the details of his employment with Kandi Koated Entertainment with Phaedra Parks on an episode of Real Housewives of Atlanta that aired on January 8, 2017. This appears to be a direct violation of the NDA. It is actually more egregious than most NDA violations as it was a violation in a conversation with someone who was in a dispute of her own with Kandi,
Then, in an episode that aired on March 27, 2017, Winston accuses Burruss of stealing his ideas for a restaurant and a play. Apparently, Winston actually claimed that the play Kandi wrote about her family was all his idea! And that the restaurant that features Kandi’s mother and aunts homestyle cooking was his idea too. The countersuit alleges that malice was involved in the making of these statements as he knew the statements to be false. Malice will be the key to Kandi’s counterclaim because, as a public figure it is not enough for statements to simply be defamatory, they must also rise to the level of malicious intent.
Interesting Side Note: The waiver of right to sue that Kandi signed as part of her contract with True Entertainment was noted as irrelevant because Johnnie is not an employee of True Entertainment. They also mention that the release Johnnie signed to be on the show did not offer any compensation, but did include the clause waiving any right to sue.
You can read the actual legal documents here.
Defamation cases against celebrities are notoriously hard to win. However, in this instance, I believe she stands a good shot at prevailing. I believe the NDA violation countersuit is probably a slam dunk. I think that original suit brought by Winston was a very, very ill-advised decision brought on by his attorney. Winston’s attorney is attempting to bring suit under the Federal Labor Standards Act (FLSA). Kandi’s attorneys claim that FLSA doesn’t govern the independent contracts signed between the two parties.
If that was too much for you to read, the summary is GOOD NEWS IN COURT FOR KANDI regarding the idiot Phaedra wound up to sue him.