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Thread: The Estate vs HBO

   
  1. #151
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    Default Re: The Estate vs HBO

    From fans on Twitter:

    Following on from the HBO Anti-SLAPP motion in the last hearing, HBO have filed their motion to strike (remove) the Estate's arbitration claim.

    Reasons are: (Page 18/ Line 13)
    Estate needs to establish that there is a reasonable probability that they will win their breach of contract claim (HBO provides previous relevant case law on this point) and this will not be possible for the Estate because :
    i) The Estate claim unlawfully targets HBO's free speech rights in violation of the 1st Amendment and
    2) The 1992 HBO-MJJ companies agreement is terminated and does not relate to 'Leaving Neverland'.

    We now await the Estate's response to HBO, which will of course say that HBO is wrong on both points, and that their claim should not be removed. Estate response is expected on/ around 29th August.

    Both sides' arguments will then be considered at the 19 September court hearing, and we should hear the court decision on the Anti-SLAPP motion before the end of September.
    (The next step after that, if the case goes forward, should be arbitration- if the judge agrees to it).

    https://www.scribd.com/document/4221...tion-To-Strike
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  3. #152
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    Default Re: The Estate vs HBO

    Thanks to respect

    Punchy is a lawyer and this is his take on the latest:


    andjustice4some
    @andjustice4some
    · 10h
    Michael Jackson Estate v HBO, August 15, 2019, Motion to Strike secondary filing by HBO attorney. First Amendment and anti SLAPP motion. @Hammertonhal @TruthAndLaw8 https://www.scribd.com/document/4221...-Second-filing


    Michael Jackson Estate v HBO Motion to Strike, Second filing
    Michael Jackson Estate v HBO Motion to Strike, Second Filing by HBO attorney

    scribd.com

    Punchy
    @TruthAndLaw8
    If you read transcript of last hearing, Judge Wu and Estate attorney had detailed discussion about whether antiSLAPP would even apply here. Judge seemed to agree with Estate but wanted HBO to explain why Estate was wrong. 1/2

    60
    4:49 AM - Aug 17, 2019
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    Punchy
    @TruthAndLaw8
    · 9h
    Replying to @andjustice4some @Hammertonhal
    If you read transcript of last hearing, Judge Wu and Estate attorney had detailed discussion about whether antiSLAPP would even apply here. Judge seemed to agree with Estate but wanted HBO to explain why Estate was wrong. 1/2


    Punchy
    @TruthAndLaw8
    I just read HBO motion and they just ignored that issue and proceed on assumption that antiSLAPP applies here. I can only assume HBO has no argument. They have really good lawyers so if there was even a decent argument that Estate was wrong, they would argue. They didn’t. QED 2/2

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    Punchy
    @TruthAndLaw8
    See this argument. HBO ignores it in its motion. Very bizarre given that Estate attorney argued issue to Judge Wu ... that’s why I flagged it. Can only assume HBO has no response https://twitter.com/truthandlaw8/status/1151996452479967232 …

    Punchy
    @TruthAndLaw8
    Replying to @andjustice4some @Hammertonhal
    It all makes a lot of sense and went exactly how I thought ... until the last page. Not sure what antiSLAPP has to do with this. As Judge says, once he finds arbitration is required he must order it. That’s federal law. AntiSLAPP is state law. When conflict, federal wins 1

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  5. #153
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    Default Re: The Estate vs HBO

    Article shared with thanks to Alh21:

    https://deadline.com/2019/08/michael...ys-1202670029/

    This article adds the following MJ Estate comments about the HBO 'motion to strike':

    The Michael Jackson estate rejected all that in a statement to Deadline today.

    “A contract doesn’t expire just because you wish it so as HBO does here,” a spokesperson for the estate said Friday. “There is no expiration term in the contract, nor does it terminate as a matter of law. Likewise, the First Amendment does not protect HBO from willfully and blatantly violating its contractual obligations, as it did here. The Estate of Michael Jackson is confident that HBO’s latest attempt to avoid its contractual obligations will fail.”
    This Deadline article also repeats the fiction that the Estate wants the case arbitrated 'behind closed doors'. The Estate specifically asked for the case to be arbitrated in publicly-open court.

    (These journalists just twist anything and everything. They wouldn't recognise the truth if they fell over it).
    Last edited by myosotis; 17-08-2019 at 09:07 PM.
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  7. #154
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    Default HBO Files to Dismiss Jackson Family’s $100 Million ‘Leaving Neverland’ Lawsuit on First Amendment

    HBO Files Motion to Dismiss Jackson Family’s $100 Million ‘Leaving Neverland’ Lawsuit on First Amendment Grounds

    HBO filed a motion Friday to dismiss the Jackson Estate’s $100 million lawsuit against its “Leaving Neverland” documentary, citing the First Amendment as protection.

    The documentary, released in March, alleges that late pop singer Michael Jackson sexually abused Wade Robson and James Safechuck at his Neverland Ranch when they were minors.

    The Jackson estate has angrily opposed the documentary, calling it “the kind of tabloid character assassination Michael Jackson endured in life, and now in death.” Jackson died in 2009.

    “HBO’s distribution of this documentary–which recounts the personal stories of two individuals who describe in detail how, as young boys, they were sexually abused for years by Michael Jackson, arguably one of the world’s most famous public figures–constitutes protected activity under the First Amendment and California Code of Civil Procedure section 425.16,” states the motion to strike, filed by HBO’s attorneys Theodore Boutrous Jr. and Daniel Petrocelli.

    HBO did not immediately respond to TheWrap’s request for comment Friday.

    The Jackson estate filed the lawsuit against HBO back in February on the grounds that the “Leaving Neverland” documentary had violated the terms of a non-disparagement clause that was part of an agreement the two sides had dating back to 1992, which granted HBO the right to air Jackson’s Dangerous World Tour live.

    The estate reiterated that argument in a statement provided to TheWrap. “A contract doesn’t expire just because you wish it so as HBO does here. There is no expiration term in the contract, nor does it terminate as a matter of law. Likewise, the First Amendment does not protect HBO from willfully and blatantly violating its contractual obligations, as it did here. The Estate of Michael Jackson is confident that HBO’s latest attempt to avoid its contractual obligations will fail,” the estate said through its attorneys.

    In Friday’s filing, HBO said that “Plaintiffs cannot demonstrate a reasonable probability of prevailing because enforcement of their contract claims would violate HBO’s First Amendment and due process rights, and violate California public policies,” and adds that “the 1992 agreement on which Plaintiffs base their claims is inapplicable to Leaving Neverland and is expired.”

    A hearing date has been set for September 19, just 3 days before the Primetime Emmy Awards will air, in which “Leaving Neverland” is nominated for five awards including Outstanding Documentary or Nonfiction Special.

    https://www.yahoo.com/entertainment/...010444711.html



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  8. #155
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    Default Re: The Estate vs HBO

    HBO’s so gonna lose anyways.
    SUPPORTER/FAN of MICHAEL JACKSON & NARUHINA

  9. #156
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    Default Re: The Estate vs HBO

    Even though two of my sister are lawyers, I'm not clued up about all this. So how likely is this to be thrown out of court by the judge?

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