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Thread: The Estate vs HBO

   
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    Default Re: The Estate vs HBO

    From fans on Twitter:

    As expected, HBO have decided to appeal the court order granting plaintiff's motion to compel arbitration.

    https://www.scribd.com/document/4313...tice-to-Appeal
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    Default Re: The Estate vs HBO

    Quote Originally Posted by myosotis View Post
    As expected, HBO have decided to appeal the court order granting plaintiff's motion to compel arbitration.
    In my opinion, TO APPEAL is HBO's defense. Prolong! Prolong! Prolong!

    If they were so sure of themselves, they would go in there, guns-a-blazing and fight the good fight. But alas, in my opinion, they are not confident in a win and will fight arbitration with their last dying breath.

    And with this type of defense, HBO will also be fighting with their shareholders, whom I'm sure would like this thing to go away. Shareholders don't like lawsuits, especially lawsuits with a ONE HUNDRED MILLION DOLLAR PRICE TAG!!!!

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    Default Re: The Estate vs HBO

    Quote Originally Posted by Big Apple NYC View Post
    In my opinion, TO APPEAL is HBO's defense. Prolong! Prolong! Prolong!

    If they were so sure of themselves, they would go in there, guns-a-blazing and fight the good fight. But alas, in my opinion, they are not confident in a win and will fight arbitration with their last dying breath.

    And with this type of defense, HBO will also be fighting with their shareholders, whom I'm sure would like this thing to go away. Shareholders don't like lawsuits, especially lawsuits with a ONE HUNDRED MILLION DOLLAR PRICE TAG!!!!
    Also, the "appeals" are often less likely over turned. The chances are very low.
    Mike's PYT

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    Default Re: The Estate vs HBO

    HBO is appealing a judge’s decision last month that sided with the Michael Jackson estate in its battle against the documentary “Leaving Neverland.”

    The four-hour documentary details the allegations of Wade Robson and James Safechuck, who allege that Jackson sexually abused them when they were young boys. The film won the Emmy for best documentary or nonfiction special in September.

    The Jackson estate has waged a high-stakes PR and legal battle against the film, suing HBO for $100 million and claiming that the subjects had a financial motive to lie. The estate sought to compel HBO into arbitration, claiming that the cable network was violating a 1992 contract for a Michael Jackson concert film which contained a non-disparagement provision.

    HBO has argued that the documentary was protected by the First Amendment, and that the Jackson estate was seeking to chill public debate on child sexual abuse. HBO sought to dismiss the case under California’s anti-SLAPP statute, which prohibits frivolous suits that threaten free speech on matters of public concern.

    In his ruling last month, Wu found that the anti-SLAPP statute does not apply to arbitration requests. He denied the motion to strike the suit, and ordered the case to arbitration. Wu acknowledged that his ruling would likely be appealed.

    HBO filed a notice on Monday that it would appeal the ruling to the 9th Circuit Court of Appeal.

    John Branca, the attorney who is co-executor of the Jackson estate, called the move a “cover-up.”

    “If HBO truly believed that their desperate attempt to grab ratings was true, accurate, and fair, they would not be so strenuously avoiding a public reckoning of this junk programming which has become known as the Lies of Leaving Neverland,” Branca said in a statement. “The agenda is set at the top. Stockholders are questioning HBO’s leadership.”


    Howard Weitzman, an attorney for the estate, said the appeal was a frivolous attempt to avoid the inevitable.

    “Soon there will be a hearing, as the Court ordered, and damages will be awarded for HBO’s intentional and unlawful conduct,” he said. “The real questions are what is HBO afraid of and how much will they end up paying the Estate of Michael Jackson.”


    https://www.yahoo.com/entertainment/...XWH5gF0lpBcPPB
    ----------------------------------------------------------------------

    Michael Jackson Estate Moonwalks Over HBO’s ‘Leaving Neverland’ Appeal, Calls Move “Bogus” & “Desperate”

    The dance-off over Leaving Neverland is far far from over. Less than a month after HBO lost an attempt to get the multimillion-dollar lawsuit from the estate of Michael Jackson against the Emmy-winning documentary tossed out, and saw a federal judge shift the whole matter towards arbitration, the AT&T-owned premium cabler kicked back Monday. In a short filing, HBO’s lawyers from Gibson, Dunn & Crutcher LLP and O’Melveny & Myers LLP notified the court that they intend to take the matter upstairs, so to speak.
    ...
    It’s pretty clearly the Jackson estate and their attorneys thought that was bad – really bad.

    “This bogus appeal is nothing more than HBO’s latest desperate attempt to cover up the truth about its shoddy journalism,” Freedman & Taitelman, LLP’s Bryan Freedman said a statement this afternoon.

    “For seven months HBO has tried and failed to avoid a public arbitration,” the lawyer added of the turns of the $100 million lawsuit the estate launched in late February. “This appeal, which is its latest Hail Mary attempt, is even more pathetic than all of its other attempts to avoid public scrutiny. If HBO truly wanted to avoid a judgment, it should have thought about that before it aided and abetted a one-sided documentary without any journalistic integrity and in which the subjects have a huge motivation to lie – namely the millions of dollars for which they are suing the Estate. Our client will never stop until justice is served.”


    Having fist premiered at the Sundance Film Festival under threats and police protection, and then debuting on HBO to big viewership on March 3, the Dan Reed-directed Leaving Neverland spotlighted specific claims by Wade Robson and James Safechuck that they were sexually abused by Jackson back when they were children.

    “HBO’s frivolous appeal to stall the court’s Order to arbitrate this dispute is yet another attempt to avoid the inevitable,” fellow Jackson estate lawyer Howard Weitzman said Monday. “Soon there will be a hearing, as the Court ordered, and damages will be awarded for HBO’s intentional and unlawful conduct,” the Kinsella Weitzman Iser Kump & Aldisert partner added with a verbal grenade. “The real questions are what is HBO afraid of and how much will they end up paying the Estate of Michael Jackson.”

    Called out as another set of smears upon the deceased pop star, the estate’s attorneys hoped to bludgeon the film, the filmmaker and the outlet by dredging up a portion of a 1992 deal between Jackson and HBO over a concert special as proof of the legal miscarriage by the premium cabler. That citation of the almost three-decade old agreement didn’t get much movement for the estate, and the case moved out of L.A. Superior Court to federal court in early March for jurisdictional reasons.

    The August 15 move to dismiss from HBO’s legal team came following a ruling in late May by U.S. District Court judge Wu to stop the Jackson estate’s desire to have the matter shut away behind closed doors and be decided by the American Arbitration Association. The estate also lost out in its aim to have the lawsuit sent back to state court. Last month, the often-unpredictable Wu went the other way and bundled together a series of rulings to put the matter in open arbitration.

    From that point on, the HBO appeal was basically a done deal waiting to happen.

    Coming as WarnerMedia gets ready to put its HBO Max streaming service on the launch pad next year and some ornery shareholders kick up dust about AT&T’s purchase of DirecTV and a few other corporate decisions, the Jackson estate is now out for legal blood.

    “This is a cover-up,” asserts estate co-executor John Blanca of the appeal move by HBO. “If HBO truly believed that their desperate attempt to grab ratings was true, accurate, and fair, they would not be so strenuously avoiding a public reckoning of this junk programming which has become known as the Lies of Leaving Neverland,” he kitchen sinks and then some. “The agenda is set at the top. Stockholders are questioning HBO’s leadership.”

    Before his death from a prescription drug overdose in 2009, Jackson settled a previous child abuse claim in 1993 and was acquitted of other such charges in 2005.

    HBO did not return request for comment on its appeal filing today.

    https://deadline.com/2019/10/michael...er-1202765393/
    Last edited by myosotis; 21-10-2019 at 10:04 PM.
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    Default Re: The Estate vs HBO

    And the important word of today is: STOCKHOLDERS!!!!!!

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    Default Re: The Estate vs HBO

    Quote Originally Posted by Big Apple NYC View Post
    And the important word of today is: STOCKHOLDERS!!!!!!
    LOL!

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    Default Re: The Estate vs HBO

    I’ve said this before and I’ll say it again that HBO is gonna lose, not just because the appeal unlikely gonna happen, but because the stockholder knew what’s gonna if the defaming film was green lit and they knew they got what’s coming to them.
    SUPPORTER/FAN of MICHAEL JACKSON & NARUHINA

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    Default HBO Taking Michael Jackson ‘Leaving Neverland’ Dispute to Appeals Court

    HBO wants another shot at convincing a court that the Michael Jackson Estate can’t go to arbitration over its “documentary” Leaving Neverland.

    On Monday, the pay network filed paperwork for a high-stakes appeal.

    HBO is now going to the Ninth Circuit Court of Appeals.

    “This bogus appeal is nothing more than HBO’s latest desperate attempt to cover up the truth about its shoddy journalism,” responds Bryan Freedman, an attorney for the Michael Jackson Estate. “For seven months HBO has tried and failed to avoid a public arbitration. This appeal, which is its latest Hail Mary attempt, is even more pathetic than all of its other attempts to avoid public scrutiny. If HBO truly wanted to avoid a judgment, it should have thought about that before it aided and abetted a one sided documentary without any journalistic integrity and in which the subjects have a huge motivation to lie — namely the millions of dollars for which they are suing the Estate. Our client will never stop until justice is served.”

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    Default Re: HBO Taking Michael Jackson ‘Leaving Neverland’ Dispute to Appeals Court

    Quote Originally Posted by NatureCriminal7896 View Post
    “For seven months HBO has tried and failed to avoid a public arbitration."
    In my opinion, HBO is more afraid of PUBLIC ARBITRATION, then they are in losing One Hundred Million Dollars.

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    Default Re: The Estate vs HBO

    Hahahaha! good job estate! they too sacred because they know they gonna loose. HBO and the 3 lairs need to hang it up already. they keeping this crap up just to get more money. yeah! go ahead and do it! i can wait to see these buttholes put in jail or etc. bring it on!

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    Default Re: The Estate vs HBO

    From fans on Twitter (Thank you) :

    HBO has not only filed a motion for appeal against the ruling for arbitration, but they now have told the Estate and judge they will file a motion for a stay in the case until the appeal has been resolved.
    https://www.scribd.com/document/4315...ppeal-and-Stay

    Currently-planned dates (HBO motion for appeal and stay) are:

    HBO 'Moving' papers: 7th Nov
    Estate opposition 21st Nov
    HBO reply 5th Dec
    Hearing date 19th Dec.


    (I feel sorry for the Estate. I don't think I'd have the patience to work in law. Glaciers move more quickly than this).

    Also from fans on Twitter:
    Estate is asking for proceedings to continue until the appeal.

    Plaintiffs (Estate's) motion to stay enforcement of order pending resolution of appeal (Not sure if that is right! It's getting complicated).

    Plaintiff opening brief : 28th Oct
    opposition: 1st Nov
    Plaintiff reply: 5th Nov
    Hearing on motion 7th Nov.
    Last edited by myosotis; 29-10-2019 at 12:01 PM.
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    Default Re: The Estate vs HBO

    so does this means all of this will be going on until next year will it?

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    Default Re: [Discussion] Sexual Abuse Claims Against MJ Estate - Robson/ Safechuck/ Doe





    This is hardly surprising I suppose because they've been playing this game all along - trying to stall the proceedings and keep it out of the public arena.

    I hate reading these because the HBO lawyers like to state everything as facts when they're not. It's a normal way to try to sway the judge in their favour, but trouble is it makes it very easy for the media to publish reports with direct quotes that then further mislead the public about this whole situation.


    for example they once again mention the "27 year old expired contract", but we all know whether that is true or not still has not been established by a judge/arbiter.

    Makes me laugh that they say "HBO will be irreparably harmed" without a stay of arbitration. What a joke!

    They also refer to "newsworthy works exploring issues of public concern such as Leaving Neverland" Another joke. These guys are comedians. It's "public concern" when they want a stay of arbitration, but when arbitration is the judge's decision they want it to be kept out of the public eye!
    Last edited by MJTruth; 29-10-2019 at 09:28 AM.

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    Default Re: The Estate vs HBO

    With thanks to fans on Twitter-

    Filed: HBO motion to stay pending their appeal:

    https://www.scribd.com/document/4324...Pending-Appeal

    'HBO will suffer irreparable harm in absence of a stay' (Don't laugh!)

    ...because Plaintiff's demand to immediately arbitrate seeks to provide them a perpetual forum to attack HBO's speech about Michael Jackson and represents a serious threat to HBO's right to exercise of its free speech rights to continue to distribute an important award-winning documentary like 'leaving Neverland'....... Moreover HBO is likely to prevail on its appeal given Plaintiff's efforts to invoke an expired arbitration agreement and hold HBO hostage to it in perpetuity.

    Second, a stay is warranted because of the difficult legal issues at play here....

    Third a stay will not will not (sic) prejudice nor substantially injure Plaintiffs who seek only money damages.

    Fourth the public interest favours a stay given the strong interest in protecting the exercise of First Amendment rights and promoting expressive, newsworthy works exploring issues of public concern such as Leaving Neverland.
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    Default Re: The Estate vs HBO

    Quote Originally Posted by myosotis View Post
    With thanks to fans on Twitter-

    Filed: HBO motion to stay pending their appeal:

    https://www.scribd.com/document/4324...Pending-Appeal

    'HBO will suffer irreparable harm in absence of a stay' (Don't laugh!)

    ...because Plaintiff's demand to immediately arbitrate seeks to provide them a perpetual forum to attack HBO's speech about Michael Jackson and represents a serious threat to HBO's right to exercise of its free speech rights to continue to distribute an important award-winning documentary like 'leaving Neverland'....... Moreover HBO is likely to prevail on its appeal given Plaintiff's efforts to invoke an expired arbitration agreement and hold HBO hostage to it in perpetuity.

    Second, a stay is warranted because of the difficult legal issues at play here....

    Third a stay will not will not (sic) prejudice nor substantially injure Plaintiffs who seek only money damages.

    Fourth the public interest favours a stay given the strong interest in protecting the exercise of First Amendment rights and promoting expressive, newsworthy works exploring issues of public concern such as Leaving Neverland.
    Ofcourse they have to say something but those arguments are imo ridiculous. Are they really going to get away with this?

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