The Miami attorneys defending “Empire” creator Lee Daniels in a defamation suit filed by actor Sean Penn are not deterred by Madonna’s affidavit swearing the actor never assaulted her.

“The fact that Penn felt the need to replace his initial complaint with a new filing is an undeniable concession that he viewed his original complaint as a loser,” said James Sammataro, a Stroock & Stroock & Lavan partner in Miami who represents Daniels. “We don’t believe the new iteration will fare any better as it does not change the fact that the statement is an opinion protected by the First Amendment.”

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