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Thread: The Estate vs HBO

   
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    Default Re: The Estate vs HBO

    Quote Originally Posted by CaptainEoLove85 View Post
    Unless I'm misunderstanding things (Heck, I probably am), I don't understand HBO's first amendment argument. Isn't it about the contract and what's actually in the contract? If they breached it, it kind of makes the argument about free speech a moot point.
    Yeah, they're clutching at straws, in my opinion.

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    Default Re: The Estate vs HBO

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    Default Re: The Estate vs HBO

    Quote Originally Posted by ScreenOrigami View Post
    Pfft! The Estate is gonna refuse settlement. We all knew they’d refuse to and stick to their guns.
    SUPPORTER/FAN of MICHAEL JACKSON & NARUHINA

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    Default Re: The Estate vs HBO

    Quote Originally Posted by myosotis View Post
    From fans on Twitter (With many thanks) :

    The appeals process has already begun.

    HBO's opening brief is due on 29/01/20.
    Estate answering brief due 28/ 02 /20
    From fans on Twitter. HBO are (as expected) pushing court dates back.:

    - HBO have requested to push back the date of their opening brief. This will now open on 28th Feb 20, and the answering brief from the Estate is due on 30 March 20.

    - Optional HBO response is then due 21 days later.
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    Default Re: The Estate vs HBO

    So this is suppose to be heard again on Feb 28, 2020 of next week?
    Mike's PYT

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    Default Re: The Estate vs HBO

    I was just gonna reply to this thread. yeah. they said on the 28th. ugh. here we go again. they better do this hearing. i'm getting tired of them pushing them back. it's time to stop and get it over with.



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    Default Re: The Estate vs HBO

    running scared
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    Default Re: The Estate vs HBO

    Probably so.



    a female with major depression,generalized anxiety,behavioral and emotional disorder,ocd mild retardation, and learning disability. i'm not contagious but my smile is.

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    Default Re: The Estate vs HBO

    Season 2020, Episode 1.
    Twitter: @ScreenOrigami
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    Default Re: The Estate vs HBO



    Had to laugh at this tweet though:

    I look to greet the stars
    But there's no stars to see

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    Default Re: The Estate vs HBO

    HBO Opening Brief:

    https://www.scribd.com/document/4494...ief-for-Appeal

    With many thanks to fans on Twitter.

    Main arguments (against arbitration) are:

    A. That the District court erred when it concluded that a valid arbitration agreement exists, even though the 1992 agreement and all its provisions were fully performed decades ago:

    1. The parties' full performance of the 1992 Agreement discharged its obligations and extinguished its arbitration provision

    2. The 1992 Agreement lacks any language, let alone 'unequivocal' language, establishing the arbitration provisions' perpetual survival.

    3. The Estate's complaints about 'Leaving Neverland' fall outside the scope of the 1992 agreement's arbitration provision.

    B. The District Court erred by concluding that it was prohibited from considering the 1992 Agreement as a whole.

    C. The parties' post -performance conduct further demonstrates that nothing remained of the 1992 Agreement, including the arbitration clause, in 2019.


    Looking at some of the details, on p42 HBO says 'while the Estate acknowledged in its petition (for arbitration) that the law does not protect the deceased from defamation, in the next breath it declared that 'defamation is really the heart of the issue in this case'.

    (So HBO are trying to say that this request for abitration on the grounds of the 1992 contract is a way of trying to get around the lack of a law on defamation for the deceased. I'm not sure that an underlying purpose for requesting arbitration would be a reason for denying arbitration.....)

    On p41, HBO say that 'no-one notified HBO that Optimum Productions was stepping into TTC's shoes regarding any rights or obligations under the 1992 Agreement'.
    (I suspect the Estate would say that OP didn't step into TTCs shoes- it was just a business follow on, and I doubt there is anything in the 1992 Agreement stating that either MJ or the Estate has to inform HBO of anything about their business set-up, post 1992)

    on p38 HBO refers to a traditional principle that 'courts should not construe ambiguous writings to create lifetime promises'. It goes on to reassert that doing so will 'chill free speech'.

    (I suspect that the Estate can argue that HBO freely, knowingly and willingly signed the contract, in order to secure the MJ concert performance rights...)

    I think these are all HBO arguments that we have already seen in this process.
    Last edited by myosotis; 29-02-2020 at 03:08 PM.
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    Default Re: The Estate vs HBO

    HBO Seeks Dismissal of Michael Jackson Estate’s Suit Over ‘Leaving Neverland’

    HBO urged an appeals court on Friday to throw out litigation brought by the Michael Jackson estate over the 2019 documentary “Leaving Neverland.”

    HBO and the Jackson estate have been locked in a legal war ever since the premium cable network agreed to run the documentary, which chronicles child sexual abuse allegations against Jackson.

    .....................In an opening brief to the 9th Circuit Court of Appeals, HBO’s attorney, Theodore Boutrous, urged the court to reverse Wu’s ruling on the grounds that the contract had expired, and to order the case dismissed. He argued that HBO had aired the concert film — “Live in Bucharest” — exactly once, and that neither side had operated as though the contract were still in effect over the subsequent 27 years.

    He noted, for instance, that Jackson’s attorneys had never updated the contact information for his attorneys and management firm, even though the attorneys no longer represent Jackson and the management firm no longer exists.

    “In light of the contract as a whole, it would be unreasonable to interpret the non-disparagement sentence, which is collateral to the 1992 Agreement’s principal objective of a one-time-only exhibition of ‘Live in Bucharest,’ to mean that the parties intended for HBO to waive its right to disseminate newsworthy allegations about Mr. Jackson for all time on any topic,” Boutrous wrote.

    He also argued that the estate is essentially making a defamation claim, and trying to use the 1992 contract to get around the prohibition on bringing such claims on behalf of dead people.

    “The petition in this case is a transparent effort to unlawfully punish ‘would-be critics’ of public figures like Mr. Jackson who ‘may be deterred from voicing their criticism, even though it is believed to be true and even though it is in fact true*,'” Boutrous wrote, quoting from the Supreme Court’s decision in New York Times v. Sullivan, which sets a high bar for defamation claims against public figures.

    The Jackson estate’s response is due on March 30.

    https://www.yahoo.com/entertainment/...024803821.html

    *Boutros thereby showing that for HBO it IS all about defamation...

    --------------------------------------------------------------------------

    (Note: It seems that this may be the same Theodore Boutros Jr who was/is on the legal team for Apple vs the US Dept. of Justice, when the DoJ requested a 'back door' to unlock iphones used by persons accused of crime. That case still appears to be ongoing, but I don't know if Boutros is still on the 'Apple' team.
    https://www.thewrap.com/apple-lawyer...endment-right/

    He seems also to be the Attorney for Ashley Judd vs Weinstein
    https://www.ctvnews.ca/entertainment...lipId%3D104059

    and for students (Vergara) vs California, where he failed to persuade the court that tenure rights for teachers should be removed.
    https://www.scpr.org/news/2016/04/14...-ruling-on-ca/ )
    Last edited by myosotis; 29-02-2020 at 08:42 PM.
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    Default Re: The Estate vs HBO

    Quote Originally Posted by myosotis View Post
    HBO Seeks Dismissal of Michael Jackson Estate’s Suit Over ‘Leaving Neverland’

    HBO urged an appeals court on Friday to throw out litigation brought by the Michael Jackson estate over the 2019 documentary “Leaving Neverland.”

    HBO and the Jackson estate have been locked in a legal war ever since the premium cable network agreed to run the documentary, which chronicles child sexual abuse allegations against Jackson.

    .....................In an opening brief to the 9th Circuit Court of Appeals, HBO’s attorney, Theodore Boutrous, urged the court to reverse Wu’s ruling on the grounds that the contract had expired, and to order the case dismissed. He argued that HBO had aired the concert film — “Live in Bucharest” — exactly once, and that neither side had operated as though the contract were still in effect over the subsequent 27 years.

    He noted, for instance, that Jackson’s attorneys had never updated the contact information for his attorneys and management firm, even though the attorneys no longer represent Jackson and the management firm no longer exists.

    “In light of the contract as a whole, it would be unreasonable to interpret the non-disparagement sentence, which is collateral to the 1992 Agreement’s principal objective of a one-time-only exhibition of ‘Live in Bucharest,’ to mean that the parties intended for HBO to waive its right to disseminate newsworthy allegations about Mr. Jackson for all time on any topic,” Boutrous wrote.

    He also argued that the estate is essentially making a defamation claim, and trying to use the 1992 contract to get around the prohibition on bringing such claims on behalf of dead people.

    “The petition in this case is a transparent effort to unlawfully punish ‘would-be critics’ of public figures like Mr. Jackson who ‘may be deterred from voicing their criticism, even though it is believed to be true and even though it is in fact true*,'” Boutrous wrote, quoting from the Supreme Court’s decision in New York Times v. Sullivan, which sets a high bar for defamation claims against public figures.

    The Jackson estate’s response is due on March 30.

    https://www.yahoo.com/entertainment/...024803821.html

    *Boutros thereby showing that for HBO it IS all about defamation...
    Pfft! Nope. Not gonna happen. You're days are numbered HBO!
    SUPPORTER/FAN of MICHAEL JACKSON & NARUHINA

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    Default Re: The Estate vs HBO

    Quote Originally Posted by myosotis View Post

    “The petition in this case is a transparent effort to unlawfully punish ‘would-be critics’ of public figures like Mr. Jackson who ‘may be deterred from voicing their criticism, even though it is believed to be true and even though it is in fact true*,'” Boutrous wrote, quoting from the Supreme Court’s decision in New York Times v. Sullivan, which sets a high bar for defamation claims against public figures.

    The Jackson estate’s response is due on March 30.

    https://www.yahoo.com/entertainment/...024803821.html

    *Boutros thereby showing that for HBO it IS all about defamation...
    While I strongly disagree with HBOs lawyers choosing to assert that the allegations are true, rather than just allegations, I do have to say one thing about the comment added next to the asterisk.
    By saying the allegations are true, Boutros is NOT "showing that for HBO it IS all about defamation". I say this for one reason...IF an allegation is true it is not defamation at all. In that case it is fact, even if people object to that. Of course in MJ's case we can prove categorically that several of the allegations are not true and so Boutros is in fact participating in the defamation even if he doesn't know it.

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    Default Re: The Estate vs HBO

    Quote Originally Posted by MJTruth View Post
    While I strongly disagree with HBOs lawyers choosing to assert that the allegations are true, rather than just allegations, I do have to say one thing about the comment added next to the asterisk.
    By saying the allegations are true, Boutros is NOT "showing that for HBO it IS all about defamation". I say this for one reason...IF an allegation is true it is not defamation at all. In that case it is fact, even if people object to that. Of course in MJ's case we can prove categorically that several of the allegations are not true and so Boutros is in fact participating in the defamation even if he doesn't know it.
    By saying the allegation 'Is true' (without any court decision) he IS defaming MJ. My opinion stands.

    Defamation (sometimes known as calumny, vilification, libel, slander or traducement) is the oral or written communication of a false statement about another that unjustly harms their reputation and usually constitutes a tort or crime.
    'We may not change the world in one day but we still can change some things today, in our small way.'[/SIZE][/SIZE]

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