Re: Estate, Cascio & Porte sued - Forensic Analysis says MJ is NOT singing the 3 songs on "MICHAEL"
I reviewed the document. Two observations:
if I might try
The class action would only apply to purchasers of the Michael cd in California, U.S. who purchased the cd during June 2011-June 2014.
Of the 2.5M or so who purchased the Michael cd worldwide, how many purchasers would this apply to? I am excluded as I did not purchase the cd in California, U.S. and I purchased it December 2010 when it was released. The class is narrow and the three year subclass is narrower. Why?
the plaintiff/ fan is resident of California - hence lawsuit being filed in CA. Statue of limitations for fraud is 3 years in some states which includes CA (could be longer in some states). So that's in my opinion explains the time limit and narrow subclass on the complaint.
However such lawsuits can be a precedent for other states and if there's any settlement it can be done in a way to include anyone who made the purchase. Imagine it like Sony/ Estate offering refund/rebate to the purchasers who can show proof of purchase. Obviously it would remain limited to US purchasers - which according to what MJ Online Team told me last was around 600,000 copies.
For example Milli Vanilli/ Arista had been sued multiple (27) times across multiple states, some lawsuits were rejected as class actions, some were dismissed and one lawsuit ended in a settlement which basically meant refunds to anyone - in USA- that purchased the album/single or attended a concert.
Regarding the legal remedies being sought, it is basically reimbursement of court costs and such, monies for the class, and the defendants would not be allowed to continue to sell the Cascio tracks.
pretty much yes, plus possible punitive damages from Cascio and Porte only
Again, provided a judge allows this to go to trial and defines the class and subclass (as per above), the defendants will most likely settle as the settlement monies are far less than the monies needed to go to trial and a settlement is not an admittance of wrongdoing by any of the defendants.
Some of you might remember that I did also mentioned possibility of settlement - which just by mathematical calculation is that a rebate/refund offer is probably cheaper than to go to a trial that would take years. Only 5-25% of the people actually ask for refunds / rebates. In Milli Vanilli example the people asked for refunds was below 5% - which can be explained by the refund amounts being quite low $3, $2, $1 and $2.5 depending on the item and most probably mailing proof of purchase was costly when compared to what people would get.
With the highest estimate: 25% of 600,000 is 150,000 copies. Cost of 3 songs is $3.87 rounding it up to $4 it would make it around $600,000. If only 5% asks for refunds then this number would be $120,000. So yeah I do see a "we accept no wrongdoing but if you aren't happy with the songs we'll refund you your money no problem" type of offer pretty likely.
I have to note that there's also punitive damages being asked from Cascio - Porte only for fraud claim. Such punitive damages is normally 3 to 10 times of damages - with 3 times is most commonly used. So that might mean $12 for punitive damages (per person) from Cascio / Porte if this goes to trial and is won. In a settlement no one would offer or pay any punitive damages.
What is the true purpose of this lawsuit?
I'm going to speculate and say that the purpose is actually the discovery phase and not the money - I can't see $4 to $16 being a motivation for anyone. Some might argue it is to make sure these songs aren't used as well - but that was already promised by Executors multiple times so I don't think that warrants a lawsuit. milli Vanilli lawsuit / settlement also include MV albums deleted from the catalog so these songs removal from MJ's catalog could be a purpose as well. The discovery phase equals = Getting to see the reported expert reports, listening to raw demos, deposing people and so on. So again I think that's the purpose. We'll have to wait and see if it would come to that and even if such discovery could be shared with the rest of the fans or if it'll be protected and sealed.
note edited to add: although I used Milli Vanilli as an example of a class action lawsuit, it's important to remember in that case the lack of authenticity was already proven / admitted by the parties involved. So that was easier lawsuit as it only was about if people can get damages and how much. This case/lawsuit would be harder as it would involve convincing judge / jury of a authenticity problem to start with.