American Idol

As we previously reported -- Benardo sued "Idol" in federal court in New York last month, claiming "Idol" producers "exploited" his sexual orientation by asking him to "gay it up" on their show.

"Idol" lawyers shot back last week with a letter reminding Benardo that he long ago signed an agreement releasing the show from any liability.

The agreement reads, "I [Benardo] further understand that my appearance, depiction and/or portrayal in the Program may be disparaging, defamatory, embarrassing, or of an otherwise unfavorable nature which may expose me to public ridicule, humiliation or condemnation."

"Idol" lawyers also claim Benardo's contract clearly states that if he sues them and loses, he's going to have to pay all their legal fees -- and you can bet "Idol" lawyers don't come cheap.

Tyler explained the band's ongoing beef today after his long-awaited "Idol" unveiling -- but added that when push comes to shove, "I'm sure they're real happy for me."

Sure they are.

Ryan Seacrest took the stage and the whole thing went down ... and no one heard a word.

Anyone superstitious?

Law enforcement sources tell us the paparazzo seen grappling with Lambert on the beach yesterday walked into a Miami Beach police station around 10:30 PM last night and filed a report ... accusing the singer of misdemeanor battery.

According to the police report, obtained by TMZ, the victim claims Adam grabbed his backpack "where the camera was placed" ... and "wrestled [the photog] to the ground forcefully."

One big problem -- in photos that were taken of the incident, the camera appears to be in the photog's hand ... not in his bag.

The police report also notes that the photog didn't sustain any "bruises or lacerations."

Cops tell detectives will decide if the case is worth turning over to the State's Attorney -- who will decide whether to prosecute Lambert. If convicted, Lambert could face up to one year in jail and a $1,000 fine.

After yesterday's clash -- Lambert went right to his Twitter account and posted, "I lost my temper for a sec but wow it felt great lol MIAMI!!!"

It's somewhat surprising that the deal is only for one year ... given the nature of the "A.I." franchise.

FOX execs at the highest level have been complaining that the negative stories about Lopez -- who should be signing on the dotted line any day to become the 3rd judge -- are being planted by people with a grudge against "A.I." and people who are in direct competition with the show.

There have been a number of stories about Lopez's alleged "diva demands" -- that she's demanding way too much money and insisting on movie deals -- but we're told the negotiations have actually been "normal." We're told there is a movie component to the deal -- as well as the possibility of other TV projects -- but the centerpiece has always been "Idol."

Perry went off on Tyler during an interview with the Calgary Herald -- saying, "It's his business, but I don't want Aerosmith's name involved with [American Idol]. We have nothing to do with it."

Perry added, "[Idol] is a reality show designed to get people to watch that station and sell advertising ... it's one step above Ninja Turtles."

As for the future of the band, Perry once again threatened to replace Tyler -- saying, "[You've got] four guys that are great together, and if you find the right singer, there's no reason you can't go and entertain people."

In a statement released by FOX, DioGuardi said, "I felt like I won the lottery when I joined 'American Idol' two years ago, but I feel like now is the best time to leave 'Idol.'"

As we first reported, FOX decided long ago to 86 DioGuardi but kept her in the dark until recently.

Sources connected to the negotiations tell TMZ ... contrary to some news reports ... there has been no drama and no diva demands. As one source puts it, "It's been typical negotiating."

We're told ... absent a last-minute snag (which is highly unlikely) ... the deal could be inked as early as next week.

We were initially told the charges were filed today, but the City Attorney tells us the complaint will most probably go to the court after a hearing tomorrow.

As TMZ first reported, the singer was cuffed early in the morning on August 12 for allegedly roughing up another girl in the bathroom at Colony nightclub.

Benardo refiled his lawsuit for workplace discrimination and sexual harassment today in federal court. The original suit was filed with the NY State Equal Employment Opportunity Commission.

A rep for Benardo says he was advised that the case was not under the jurisdiction of NY's EEOC -- and instead he had to take the matter to federal court. Benardo is suing because he claims "Idol" producers exploited his sexual orientation and told him to "gay it up."

As for why he dropped his astronomical demand from $300 mil to $100 mil -- Benardo's rep inexplicably says it was a "cleaner amount."

The insanity began when Tyler arrived at the Trump Hotel in New York -- and was instantly rushed by the aggressive autograph hounds.

When Tyler's associate began to shove back ... someone reached in from behind and started to choke him out.

Tyler instantly broke up the mess, restored calm ... and then proceeded to lecture the group about standard protocol for autograph seeking.

In an interview with VH1, 26-year-old Fantasia claims she was so depressed about all of the drama surrounding her relationship with a married man ... that, "I didn't have any fight in me. I didn't care about anything. I just wanted out."

Fantasia added, "At that moment, I wanted out. I wanted it to be over with – all of it, all of that [expletive]."

She went on, "I just sat in the closet and looked at the mirror and took all the pills in the bottle. I wanted to go to sleep and just be at peace. I knew exactly what I was doing. You can't accidentally take a whole bottle of pills."