The Estate vs HBO

KOPV

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We have a tenative ruling, meaning the judge is letting us know where he is leaning. It will be official with Judge Wu's official ruling released either tommorow or after his vacation on September 30th.

I have shared statements from Howard Weitzman and Johnathan Steinaspir on my Twitter. Come visit me, I miss you guys!

https://twitter.com/rasheedKOPV
 

NatureCriminal7896

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I really hope this means we are getting somewhere. let's see what's happens tomorrow or on the 30th. please let this be hope.
 

WannaScream

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NatureCriminal7896;4269583 said:
I really hope this means we are getting somewhere. let's see what's happens tomorrow or on the 30th. please let this be hope.


I hope this is it, that it goes to public arbitration with no appeals or whatever. This part is as important as the end result I think… this seems to be the opportunity to publicly shame HBO and destroy credibility of Leaving Neverland. No-one should pray for this bit to be over quickly. lol
 

NatureCriminal7896

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I really hope this is it too. i want this to be over. we been doing this for 7 months now. it's time to move on and stop dragging this. the lies are out there and this isn't free speech at all.
 

myosotis

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Even If 'Leaving Neverland' Judge Rules in Favor of Michael Jackson Estate, HBO Lawsuit Is Far From Over

"No matter who wins or loses it's going to be taken up on appeal. It does't matter what I do," said Judge George H. Wu on Thursday.
A federal judge in Los Angeles on Thursday (Sept. 19) indicated he was leaning towards granting a request by Michael Jackson's estate requiring HBO be bound by a 1992 arbitration agreement rather than allowing a lawsuit over Leaving Neverland to continue in the federal court system. While arbitration proceedings are usually private, Jackson's attorneys have make the unusual request of wanting to hold public arbitration.

The lawsuit filed March 3 by Michael Jackson Estate against HBO over Leaving Neverland has taken some unusual turns and might actually end up before the Supreme Court, according to U.S. District Court Judge George H. Wu, who is currently overseeing the case. Jackson's estate initially filed its lawsuit against HBO in March, arguing the documentary violated a 1992 contract agreement that was signed in a licensing deal for HBO to televise Jackson's Dangerous World Tour concert in Bucharest, Romania.

The 1992 agreement stated that "HBO shall not make any disparaging remarks concerning [Michael Jackson] ... or do any act that may harm or disparage or cause to lower in esteem the reputation of [Jackson.]" In addition, the agreement contained a clause that all disputes regarding this agreement would be handled in arbitration.

Once Jackson's estate learned of the HBO documentary Leaving Neverland it reminded HBO about this 27-year-old agreement. HBO ignored Jackson's estates request. Jackson's estate subsequently filed a $100 million dollar lawsuit against HBO in state court after the documentary aired, claiming the documentary harmed the legacy of Michael Jackson. HBO later had the case moved from state to federal court, refusing to agree to arbitration, according to court papers. HBO subsequently filed an anti-SLAPP motion alleging the Jackson estate was trying to silence constitutional rights of free speech by attempting to compel them to arbitration.

HBO attorney Theodore Boutrous argued that Jackson's estate filing "screams strategic lawsuit" and that it was done to "chill speech" regarding child abuse.

Judge Wu said in the Los Angeles courtroom Thursday that the law was unsettled regarding whether an anti-SLAPP motion can be applied against a request to compel arbitration, calling the case "messy" and "unique." He said he expects both parties will appeal his decision, regardless, and the issue will ultimately be decided by a higher court, possibly even the Supreme Court.

"This case is interesting," Wu said. "No matter who wins or loses it's going to be taken up on appeal. It does't matter what I do."


Wu is expected to issue a final ruling by the earliest Friday or at the latest by Sept. 30. After hearing Wu's comments and questions during the hearing and seeing his tentative ruling, Jackson estate attorneys said they were confident the judge would issue a ruling in their favor.

"HBO has tried everything possible to avoid having a trier of fact adjudicate their wrongdoing," said Jackson estate attorney Bryan J. Freedman of Freedman & Taitelman, LLP, in a statement after the hearing. "If HBO believes its actions were proper then there is no reason for them to try and hide behind procedural technicalities to avoid an arbitration or a trial. Whether in an arbitration, federal court, state court or the court of appeal, the Estate of Michael Jackson will force HBO to be held accountable for its wrongful conduct. The Estate will never stop until justice has been obtained."

John Branca, co-executor of Jackson's estate, said, "I've never seen a media organization work so hard to keep a secret.... We are just trying to get all the facts out there."

When reached for comment, an HBO spokesperson said, "We are waiting to see the Judge's final decision."

https://www.billboard.com/articles/.../michael-jackson-hbo-leaving-neverland-ruling
 

NatureCriminal7896

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Wow. well i'm ready if you guys are. let's see what he says. who knew this was gonna be ending up going to an bigger court? not me. it's starting to get serious.

 

Big Apple NYC

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John Branca, co-executor of Jackson's estate, said, "I've never seen a media organization work so hard to keep a secret.... We are just trying to get all the facts out there."

I realize that the ruling is not final yet, BUT, in my humble opinion, HBO has got to be in panic mode right about now.

And not because of a "possible" 100 million dollar judgment against them, but terrified that any details regarding the making of this mockumentary would and/or could be made public.

The Estate Of Michael Jackson would like PUBLIC ARBITRATION. HBO, not so much.

The HBO Shareholders have got to be pissed at this point!!!!!!!
 

elusive moonwalker

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The shredding machines are in full force!

Orka,HBO,geffen and all the croonies protecting weinstein. Love to see all the docs of how the doc was all set up.
 

analogue

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John Branca, co-executor of Jackson's estate, said, "I've never seen a media organization work so hard to keep a secret.... We are just trying to get all the facts out there."

What is HBO trying to hide? If Leaving Neverland is as credible as they claim it is then they wouldn't need to be keeping any secrets. The truth has nothing to hide
 

NatureCriminal7896

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The truth is already out and has been since the train station thing came out. there's nothing else to hide.
 

KOPV

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what does arbitration mean excatly?

Arbitration is when an independent person or party settles a dispute. The benefit is speed and privacy! There would no longer be the time between court date 1,2,3.. etc!
 

NatureCriminal7896

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Arbitration is when an independent person or party settles a dispute. The benefit is speed and privacy! There would no longer be the time between court date 1,2,3.. etc!

Oh yeah. we need that so we can speed this up and stop pushing back court dates. come on arbitration.

 

myosotis

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Arbitration is when an independent person or party settles a dispute. The benefit is speed and privacy! There would no longer be the time between court date 1,2,3.. etc!

But the Estate specifically asked for public arbitration- not privacy.
 

myosotis

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Final Ruling on anti-SLAPP etc.

https://www.scribd.com/document/426736009/MJ-Estate-v-HBO-Final-Ruling-on-Arbitration

Plaintiff's motion to compel arbitration GRANTED. (but denied that the 'arbitrability question' is for the arbitrator).
Defendant's anti-SLAPP motion DENIED.

Any appeal motion to be filed in 30 days from date of service of this judgement.
(So by appx 20th October -ish? )


Next date 3 Oct 2019 for telephone status conference.

(Note: That will be a busy week. Robson and Safechuck's appeal oral arguments will be on 2nd October).
 
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Elton-Cetera

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Leaving Neverland Judge Sides With Michael Jackson Estate, Compelling HBO to Arbitration

https://www.spin.com/2019/09/leavin...jackson-estate-compelling-hbo-to-arbitration/

A federal judge in Los Angeles ruled on Friday (Sept. 20) that HBO must participate in arbitration with the Estate of Michael Jackson over the Emmy-winning Leaving Neverland documentary. U.S. District Court Judge George H. Wu granted the request by Michael Jackson’s estate requiring HBO be bound by a 1992 arbitration agreement rather than allowing the lawsuit to continue in the federal court system. While arbitration proceedings are usually private, Jackson’s attorneys have made the unusual request of wanting to hold public arbitration.

The lawsuit filed March 3 by Michael Jackson’s estate against HBO over Leaving Neverland has taken some unusual turns and might actually end up before the Supreme Court, according to U.S. District Court Judge George H. Wu, who is currently overseeing the case. Jackson’s estate argues the documentary violated a 1992 contract agreement that HBO signed to televise Jackson’s Dangerous World Tour concert in Bucharest, Romania.

The 1992 agreement stated that “HBO shall not make any disparaging remarks concerning [Michael Jackson] … or do any act that may harm or disparage or cause to lower in esteem the reputation of [Jackson.]” In addition, the agreement contained a clause that all disputes regarding this agreement would be handled in arbitration.
 

myosotis

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Estate vs HBO Court transcripts from 19/09/19 (Hearing regarding HBO's anti-SLAPP motion)

https://www.scribd.com/document/427634911/HBO-Transcripts-Final-Sep-19-2019

The judge says that 'SLAPP' envisions a litigation, whereas an arbitration can be considered to be an agreement between parties as to a method to resolve dispute. The judge hopes that 'the Circuit' (or the Supreme Court) will resolve the issue. Hence the judge's expectation that the anti-SLAPP issue should go to appeal.

As regards HBO's comments on the Estate claim, the judge said he thought HBO were being 'somewhat pejorative'.

The judge asks if HBO is saying that the Estate 'should not have filed a lawsuit asking for arbitration before they asked for arbitration'. The judge 'doesn't understand that argument', because HBO has indicated that it is not willing to go into arbitration.

HBO is saying that the Estate lawsuit 'sends a message' that allegations should not be discussed in public or you risk a lawsuit. The judge says that it doesn't matter what the issues are; the Estate say 'they had a contract which was breached. The contract had an arbitration clause, and so they want to have arbitration'.

HBO keep saying that the Estate lawsuit doesn't mention that they want arbitration 'until page 19'. The judge asks 'if they got tired of reading before they got to page 19, and said ''gee, I could flip through the next couple of pages''. :cool:

The judge then mentions that the question of 'who decides arbitrability' is also unclear in case law, and he wants that issue also to be determined so that the matter of law is clear in future. So he's clearly saying that the SLAPP and who-decides-arbitrabilty issues need to be decided in a higher court.

I like his comment to HBO when they say it's surprising that the rules are not clearer ' It's because we don't have inventive minds such as I have in front of me that are spinning away like Rumplestiltskin with a wheel with all of this straw.' (which I think can be taken in two ways, ie as a compliment , or not :D )
 
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Kingofpop4ever3000

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I’m happy that the judge seems to be going on the side of the Estate via his comments. But I’ve always thought the Estate’s claim to enforce the non-disparagement clause in that contract is wobbly. Nevertheless, I hope everything works out for them. Michael deserves to have his name cleared once and for all after everything he went through with that garbage.
 

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Kingofpop4ever3000;4270320 said:
I’m happy that the judge seems to be going on the side of the Estate via his comments. But I’ve always thought the Estate’s claim to enforce the non-disparagement clause in that contract is wobbly. Nevertheless, I hope everything works out for them. Michael deserves to have his name cleared once and for all after everything he went through with that garbage.
This is the angle the Estate had to take to sue for defamation of character. These liars know MJ is dead and they can not be sued by him so they can lie and say what they want. Even HBO was trying to use that BS of the Estate is trying to stop the discussing of child abuse. NOT. The Estate is trying to stop lies being told on an innocent man. It just boggles the minds what people will do to lie on someone then try to twist things around. Glad the judge saw it.
 

myosotis

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From fans on Twitter:

HBO attorneys have asked for an extension to the phone conference date (this is just one of MANY times they have done so) until 10/17/19.
 

KOPV

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Like anything more can be expected from HBO.. They are just pushing things out while other deals are closing for HBO MAX. They don't want a lawsuit they know they're losing to hinder business opportunities while in negotiations.
 

myosotis

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From fans on Twitter:

Today both parties were required to file a status report. The MJ Estate is moving forward and choosing an arbitrator. HBO has not (yet) stated whether they will appeal (on the anti-SLAPP) or not.

The Jackson Estate sees no need to schedule further dates in this court at this time.

Next date is status conference on 17 Oct.

https://www.scribd.com/document/429707290/MJ-Estate-v-HBO-Status-Report
 

myosotis

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From fans on Twitter:

The MJE vs. HBO [conference update]

At the status conference on, HBO’s lawyers said they are still deciding whether to appeal. Their deadline is Monday so they will obviously know by then. If they appeal, they said they will likely file a motion to stay the arbitration.

There is a further status conference set for next Thursday 8:30am.

Next update therefore likely on Thursday 24th Oct.
 
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