Estate v HBO regarding Leaving Neverland/Arbitration

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 29 febbraio 2020, 11:17

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

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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.

The Jackson estate has argued that the two men featured in the documentary — Wade Robson and James Safechuck — fabricated their allegations for financial gain. The estate’s lawyers could not sue for defamation, as Jackson is dead, but they dug up a contract from a 1992 HBO concert special from Jackson’s “Dangerous” tour, which contained a non-disparagement clause.

The estate argued that the documentary constituted a breach of the 1992 agreement, and went to court seeking to compel arbitration. HBO countered that the estate was seeking to squelch free expression by invoking a clause from an irrelevant and long-expired contract.

But in September, U.S. District Judge George Wu sided with Jackson’s estate and granted the motion for arbitration.

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attorneys had never updated the contact information for his attorneys and management firm, even though the attorneys no longer represent Jackson and the management firm no longer exists.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.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 29 febbraio 2020, 11:24


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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 27 marzo 2020, 15:34

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 17 aprile 2020, 11:33

andjustice4some
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Reminder: MJ Estate v HBO. The Estate has a little over 2 weeks (4/29/20) to file their opening brief against HBO on appeal. Timing will be much slower due to COVID closures in the US
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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 23 aprile 2020, 10:48

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The Court has automatically granted the extension that the Estate requested. New due date is 6/29/20. #MJEstatevHBO

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 23 giugno 2020, 21:56

Justice for The Falsely Accused and Margaret Rowell liked
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Update: MJ Estate v HBO: The Estate has asked for another extension, court agreed. New reply brief is now due on 7/8/20. #MJEstatevHBO

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 9 luglio 2020, 9:46

andjustice4some
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Re MJ Estate v HBO: For those who are interested, the MJ Estate filed a supplemental excerpt of records, holding most of the documents filed in the original lawsuit.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 16 luglio 2020, 9:40

andjustice4some
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Re MJ Estate v HBO: HBO originally had 21 days from the filing of the answer brief by the Estate, to file a reply. That date would have been 7/29/20. HBO has asked for and received an extension. Their new reply date is by 8/31/20. #MJEstatevHBO
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It's pretty typical especially because of COVID. Prior to this, the Estate asked for three extensions for their reply brief. In addition, it could be that HBO is dragging this out as long as they can. Up until this last reply brief, the Estate asked for 0 extensions, HBO, like 6.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 4 agosto 2020, 20:25

andjustice4some
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Re MJ Estate v HBO. Oral arguments are being considered for November, 2020. This is the last step in the appeals process before a decision is made. Court will be held in Pasadena, not LA. #MJEstatevHBO
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andjustice4some
@andjustice4some

Replying to
@MJJRepository
@Hammertonhal
and 2 others
I'm certainly happy that the judge did not agree to put the two cases together as one. That was a big win for the Estate and a loss for Jimmy.




TSCM
@MJJRepository

Yes, that was a victory. Finaldi has historically won cases by lumping as many accusers into a single case as possible, so any flaws by a single accuser is easily overlooked in the grand scheme of allegations.
Finaldi is still expected to make new motions arguing to consolidate.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 8 agosto 2020, 10:07

andjustice4some
@andjustice4some

Reminder for the #MJEstatevHBO. August 31st is the last day for the final reply to be filed by HBO. It will probably be a rehash of the original lawsuit, but I will post on Scribd. In November, oral arguments will be made. And then we wait for a decision, probably early 2021.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 19 agosto 2020, 11:43

https://www.avidglitter.com/michael-jac ... neverland/

Michael Jackson Estate Executives Warned HBO about Leaving Neverland
- Reveals Film Director Lies

JUSTIN M. HOWARD | AUGUST 18, 2020

A letter sent from the Michael Jackson Estate to HBO outlines the disregard for film-making ethics in Leaving Neverland and its role in the two accusers litigation tactics. Michael Jackson Estate executives warned HBO not to air Leaving Neverland weeks before its premiere.

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The letter provides a description of the film in its entirety and the Estate didn’t mince words, they wrote:

“Leaving Neverland, an admittedly one-sided, sensationalist program-referred to as a “documentary” by HBO and others-that HBO apparently funded and intends to air this Spring.”

“Sadly, it appears that HBO-a once great and respected network-has now been reduced to the pay television version of Hard Copy (with a little mix of The Jerry Springer Show).”

Estate Letter Reveals Film Director Lies
The Estate first learned about Leaving Neverland through the press when it aired at the Sundance Film Festival in January 2019 – stealing attention from a documentary called Untouchable about Harvey Weinstein. As admitted by the director, Dan Reed had no interest in speaking to person(s) from the other side of the case, which is unusual in documentary film-making.

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Wade Robson, Dan Reed, James Safechuck. Wade Robson director Dan Reed and James Safechuck pose for a portrait to promote the film “Leaving Neverland” at the Salesforce Music Lodge during the Sundance Film Festival. Photo by Taylor Jewell/Invision/AP/REX/Shutterstock (10072840c)
Reed, as an attempt to promote and “bolster the accusers credibility” has given false statements to the public about the length of time Robson and Safechuck knew each other. “Sundance was the first time [as adults] that they’d met.” Reed commented. However the letter states that they have the same attorneys and spoke years before:

“In Robson’s 2016 deposition, he testified that he had spoken to Safechuck in 2014, the year Safechuck filed his lawsuit against the Estate. When asked what the two men had spoken about, Robson refused to answer the question-his attorney instructed him to remain silent because Robson’s and Safechuck’s common attorneys were involved in the conversations between the two men in 2014.”

HBO’s involvement with the film also gave Oprah Winfrey leverage to conduct interviews with Robson and Safechuck in After Neverland. The combination of HBO and the OWN network made Leaving Neverland appear to be more credible.

“The producer of this program, Dan Reed, is telling the media that one of the principal reasons the documentary is credible is because of HBO’s reputation. When asked whether an attorney had vetted the film, he responded, “that’s what happens on every single film I make or, to my knowledge, that anyone makes, certainly for HBO.”

Many found it suspicious that Dan Reed never spoke to anyone but the accusers and their families. Safechuck claimed to be molested while on tour with Jackson but Reed never conducted interviews with band members or hotel personnel who were part of that tour. One would expect any company to do a thorough investigation before they would air a film of this magnitude, especially HBO.

A list of people that Reed should have spoken to that would’ve contradicted the allegations of the two accusers, according to the Estate, are stated in the letter.

“Other young men and women who spent time with Jackson as children (including ones mentioned by name in the “documentary”), friends of Michael Jackson who knew him for his whole life, the many persons who know Safechuck and Robson well but do not believe them.”

The Michael Jackson Estate Ongoing Lawsuits
The Estate spent years in court with Robson and Safechuck prior to Leaving Neverland with four different lawsuits. It was widely reported by the media that the lawsuits were dismissed only because of the statute of limitations. In actuality, both men were caught committing perjury and lying in their claims and were found not to be credible.

“Today, Robson owes the Estate almost seventy thousand dollars in court costs, and Safechuck owes the Estate several thousand dollars as well.”

It was Safechuck’s lawyers’ who predicted that many others would come forward as a result of the multi-million dollar lawsuit filed by these two men in 2013. “No “flood” of further identifiable “victims” ever came forward beyond these two.”

Michael Jackson Estate vs HBO
The Estate goes on further to detail the multiple other reasons why HBO shouldn’t air the film and outlines many other inconsistencies in Robson and Safechuck statements. HBO completely ignored the warning and as a result is subject to a multi-million dollar lawsuit themselves – one they may lose. So far they’ve failed all attempts to get the lawsuit tossed out.

“Had HBO actually complied with the most basic of journalistic ethics-rather than just accept their salacious allegations at face value-it would have discovered so much more long before it ever got involved in this disgraceful project.” – The Michael Jackson Estate Letter 2019

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 1 settembre 2020, 9:33

andjustice4some
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As promised, here is the final reply brief by HBO against the MJ Estate. Next up will be oral arguments in November, and a decision should be made in early 2021.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 7 settembre 2020, 9:53

andjustice4some
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Re: #MJEstatevHBO Oral arguments will be heard on Thursday, November 10, at 1 pm. The judge has not decided whether arguments should be heard, but if so, this would be the date. Also, arguments could be held remotely.
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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 12 settembre 2020, 10:35

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Reminder: The oral arguments for the #MJEstatevHBO case will be heard on 11/19/20 in Pasadena. This is the final step before a decision will be made about HBO's appeal. Decision should be made by early 2021.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 21 ottobre 2020, 10:37

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HBO case: Final oral arguments are being heard in November by teleconference. Judge should make a decision by early 2021. Remember, this case is on appeal. If HBO wins, the case is over. If Estate wins, they go back to the lower court for arbitration.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 30 ottobre 2020, 11:47

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NEW: Both Steinsapir (Estate) and Boutrous (HBO) have filed their acknowledgments that they will be the primary attorneys for oral arguments occurring in Pasadena on 11/19/20 at 9 am. Not sure if attorneys will be in court or they will teleconference.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 11 novembre 2020, 14:32

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Reminder: The appeal lawsuit will end on 11/19/20 with final oral arguments. The judges that will hear the case are Richard Paez, Lawrence VanDyke and Karin Immergut. These judges should make a decision in early 2021.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 19 novembre 2020, 8:49

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As most of you know, the #MJEstatevHBO final oral arguments are happening tomorrow morning. HBO has filed a last minute filing introducing 2 precedent cases. Here is the filing by HBO:


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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 19 novembre 2020, 20:04

TSCM
@MJJRepository

Judges typically form an internal opinion prior to oral arguments, based on review of case files and law.
My take from today's arguments: Judge VanDyke & Immergut both seemed supportive of the arbitration and HBO's attorney didn't make any new headway.
This is very encouraging.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 20 novembre 2020, 10:08


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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 20 novembre 2020, 10:14

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 20 novembre 2020, 21:04

https://www.yahoo.com/entertainment/hbo ... &tsrc=twtr

HBO Asks Appeals Court to Toss Michael Jackson ‘Leaving Neverland’ Suit
Gene Maddaus
Thu, November 19, 2020

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HBO urged an appeals court on Thursday to throw out a lawsuit brought by the Michael Jackson estate over the “Leaving Neverland” documentary.

The estate sued HBO for $100 million, arguing that the network broke a 27-year-old promise not to disparage the late pop star by accusing him of child sexual abuse.

The estate has also argued that the subjects of the documentary — Wade Robson and James Safechuck — had a financial incentive to fabricate their allegations. Jackson died in 2009, and so HBO cannot be sued for defaming him. Instead, the estate has invoked a non-disparagement provision from a contract for a 1992 concert film from Jackson’s “Dangerous” tour.

In September 2019, Judge George Wu sided with the Jackson estate, granting a request to take the case to arbitration. HBO appealed the ruling, claiming that the “Leaving Neverland” dispute had nothing to do with the 1992 contract.

Theodore Boutrous, arguing for HBO, urged a three-judge panel of the 9th Circuit Court of Appeals to overturn the lower court ruling on Thursday. He argued that the Jackson estate had filed the case as a “publicity stunt,” and that HBO would never have given Jackson and his heirs a perpetual veto over the network’s First Amendment rights.

“That is on its face absurd,” Boutrous argued. “There is nothing that suggests HBO intended that.”

Jonathan Steinsapir, arguing for the Jackson estate, countered that Jackson was the biggest star in the world at the time, and had the leverage to bargain for a strong non-disparagement provision.

Jackson “had been the subject of some extremely ridiculous tabloid reporting,” Steinsapir said. “It’s not crazy he would want that in an agreement.”

The judges seemed somewhat open to Boutrous’ argument that the 1992 contract is “far afield” from the “Leaving Neverland” dispute.

“This is pretty remote, isn’t it?” Judge Lawrence VanDyke asked Steinsapir.

But VanDyke also seemed inclined to leave the interpretation of the contract up to an arbitrator. Boutrous urged the panel instead to decide the case on its own.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 21 novembre 2020, 8:42

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via @LeslieKMercer1 If you missed the #MJEstatevHBO final hearing before it goes to an appeal decision, here is the new link. Big thanks to Leslie for her help. https://youtu.be/y6LUtwdFVXM

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 24 novembre 2020, 9:34

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 11 dicembre 2020, 12:09

"The Estate is taking the legal action for which it has a legal basis, with its request for public arbitration in the dispute with HBO. The purpose of this is to expose those involved, under penalty of perjury, for the liars that they are."
Source: https://bit.ly/3lzT0sy

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 14 dicembre 2020, 20:27

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Ninth Circuit appellate judges: "The contract contained a broad arbitration clause that covers claims that HBO disparaged Jackson in violation of ongoing confidentiality obligations." BOOM.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 15 dicembre 2020, 6:21

MichaelJackson Estate Wins Appeal in HBO
‘Leaving Neverland’ Suit. An appeals court on Monday handed a victory to the estate of Michael Jackson in its battle over the 2019
HBO documentary “Leaving Neverland,” which accused the late singer of sexually abusing two young boys.
The Jackson estate sued HBO for $100 million, arguing that the documentary violated a 27-year-old non-disparagement clause from a 1992 concert film from the “Dangerous” tour. HBO has argued that the clause is irrelevant to the present dispute and accuses the Jackson estate of seeking to silence victims of sexual abuse.
Last year, a lower court granted the estate’s motion to take the dispute to arbitration, as provided by the contract. HBO appealed, but on Monday a three-judge panel of the 9th Circuit Court of Appeal upheld the lower court ruling. The judges conceded that the suit may be “frivolous,” as HBO has claimed, but said it will be up to an arbitrator to make that call.
“The contract contained a broad arbitration clause that covers claims that HBO disparaged Jackson in violation of ongoing confidentiality obligations,” the panel ruled. “We may only identify whether the parties agreed to arbitrate such claims; it is for the arbitrator to decide whether those claims are meritorious.”
HBO had sought to avoid arbitration, saying that the network had never intended to grant Jackson and his heirs a veto over anything the network might ever want to say about him. The network’s attorney, Theodore Boutrous, also argued that the 1992 contract had effectively expired once each side fulfilled its obligations.
The panel — Circuit Judges Richard Paez and Lawrence VanDyke and District Judge Karin Immergut — rejected that argument.
“An arbitration clause can still bind the parties, even if the parties fully performed the contract years ago,” they ruled.
The network could appeal the panel’s ruling to the full 9th Circuit, or now make its argument before an arbitrator.
Michael Jackson’s attorneys, Howard Weitzman and Jonathan Steinsapir, issued a statement praising the ruling.
“The trial judge and now the Ninth Circuit Court of Appeals have unanimously rejected HBO’s arguments,” they said. “In the court’s own words, HBO ‘agreed that it would not make any disparaging remarks concerning Jackson.’ It’s time for HBO to answer for its violation of its obligations to Michael Jackson.”
Source by Gene Maddaus for Variety
https://variety.com/.../michael-jackson-leaving.../amp/...

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 15 dicembre 2020, 9:00

TSCM
@MJJRepository

21 months ago, estate accurately predicted "HBO's spin machine" re: arbitration.
Now with the lost appeal, those w/ vested interest in protecting HBO and propaganda have spun it exactly as predicted.
REMINDER: "Estate expressly requests that HBO agree to a PUBLIC arbitration."

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 15 dicembre 2020, 9:08

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BREAKING: HBO has LOST their appeal with the Michael Jackson Estate. The case will now go back to LA Superior Court for an arbitrator to decide whether the case should move forward. A HUGE victory for Michael Jackson and his Estate.


https://www.hollywoodreporter.com/thr-e ... nd-dispute
DECEMBER 14, 2020 11:51am PT by Ashley Cullins

HBO Loses Appellate Bid to Avoid Arbitration With Michael Jackson Estate in 'Leaving Neverland' Dispute

An arbitration clause can still bind the parties, even if the parties fully performed the contract years ago."
HBO and the Michael Jackson estate are headed to arbitration to resolve the estate's claims that the network violated a decades-old nondisparagement deal by producing Leaving Neverland after a federal appellate court on Monday found that contract's arbitration provision is still valid, even 28 years later.

In February 2019, Optimum Productions and the two co-executors of the Jackson estate sued HBO in an effort to compel arbitration. They claim the network agreed not to besmirch Jackson in a deal for a 1992 concert film — a deal that contained an arbitration provision.

HBO described the filing as a "poorly disguised and legally barred posthumous defamation claim" and filed a motion to strike the complaint under California's anti-SLAPP statute, which brings an early end to frivolous litigation arising from protected activity such as the exercise of free speech. U.S. District Judge George H. Wu sided with the estate, sending the matter to arbitration, and HBO appealed.

On Monday, the 9th U.S. Circuit Court of Appeals affirmed Wu's decision.

"The parties do not dispute that the 1992 Live in Bucharest contract at issue was a product of mutual consent and included a broad arbitration provision," states the decision, which also mentions the "detailed and stringent" confidentiality provisions. "An arbitration clause can still bind the parties, even if the parties fully performed the contract years ago. … HBO does not dispute the existence of a valid agreement, the included arbitration provision, or the incorporated confidentiality provision, but rather the 'continuing validity' of the agreement and the arbitration provision. Thus, a valid arbitration agreement exists."

The court notes that it's long been settled in the 9th Circuit that the arbitrator should decide whether a contract has expired if the arbitration clause itself is not disputed. In a footnote, the court explains that even if the estate's arguments "are as frivolous as HBO claims" it's not the court's job to weigh the merits.

"The contract contained a broad arbitration clause that covers claims that HBO disparaged Jackson in violation of ongoing confidentiality obligations," states the opinion. "We may only identify whether the parties agreed to arbitrate such claims; it is for the arbitrator to decide whether those claims are meritorious."

Jackson's estate is represented by Howard Weitzman and Jonathan Steinsapir of Kinsella Weitzman and Bryan Freedman of Freedman & Taitelman. On Monday, Weitzman and Steinsapir issued a statement lauding the decision that said, in part, "It’s time for HBO to answer for its violation of its obligations to Michael Jackson.”

HBO is represented by Ted Boutrous of Gibson Dunn and Daniel Petrocelli of O'Melveny & Myers. HBO has not yet commented on the ruling.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 16 dicembre 2020, 12:32

TSCM received a reply
TSCM
@MJJRepository

HBO: Spent 662 days fighting estate's "PETITION TO COMPEL PUBLIC ARBITRATION" for alleged breach of contract. 4 judges rule against HBO.
DAN/AMOS/C4: Actively fighting subpoenas to turn over documents/outtakes of LN.
MEDIA: Look at the estate trying to cover this all up!
Uh?



Leaving Neverland Facts
@NeverlandFacts

From a September 2019 article in the Hollywood Reporter re a letter by an unnamed shareholder critical of HBO for exposing the company to litigation by greenlighting Leaving Neverland. Wonder how that person feels now that HBO's appeal flopped....
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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 16 dicembre 2020, 12:44

https://www.courthousenews.com/ninth-ci ... state-hbo/

Ninth Circuit Orders Arbitration in ‘Leaving Neverland’ Dispute Between Jackson Estate, HBO
December 14, 2020MARTIN MACIAS JR

(CN) — Michael Jackson’s estate won its quest to pull HBO into arbitration to settle claims the 2019 documentary “Leaving Neverland” disparaged the pop legend with child abuse allegations.

The two-part documentary by director Dan Reed centers on the accounts of two men, Wade Robson and James Safechuck, who claim they were sexually abused by Jackson over several years when they were children.

Jackson’s estate sued for damages and to force arbitration, saying Home Box Office — informally called HBO — produced a “one-sided” documentary that violated a nondisparagement clause from a 1992 agreement between the parties.

The network countered, calling the agreement invalid and the claims dismissible under California’s anti-SLAPP statute, which protects against meritless lawsuits that impede free speech rights.

In September 2019, U.S. District Judge George Wu denied HBO’s bid to toss the lawsuit and ordered arbitration with both the Jackson estate and its Optimum Productions.

But two months later, Wu granted the network’s request to pause arbitration, saying the Ninth Circuit should review HBO’s claim that the out-of-court proceedings would impede its First Amendment rights to create “newsworthy works” about a celebrity.

More than a year later, a Ninth Circuit panel weighed in Monday and found the parties’ 1992 agreement clearly contained a broad arbitration provision.

In a 4-page, unpublished and unsigned memorandum, the panel rejected HBO’s contract validity challenge and cited text in the agreement that said “any dispute” was to be settled in arbitration.

“As part of the confidentiality provisions, HBO agreed that it would not ‘make any disparaging remarks concerning’ Jackson,” the memorandum states, citing the circuit’s 1977 decision in Nolde Bros. v. Local No. 358, Bakery & Confectionery Workers Union. “An arbitration clause can still bind the parties, even if the parties fully performed the contract years ago.”

The panel said claims must be arbitrated because HBO used video from Jackson’s performances to make its allegations in the documentary and that those performances fall under the 1992 agreement.

“We may only identify whether the parties agreed to arbitrate such claims; it is for the arbitrator to decide whether those claims are meritorious,” the panel held.

U.S. Circuit Judges Richard A. Paez, a Bill Clinton appointee, Lawrence VanDyke, a Donald Trump appointee, and U.S. District Judge Karin J. Immergut, sitting by designation from the District of Oregon, made up the panel. Immergut is also a Trump appointee.

A spokesperson for HBO did not immediately respond to a request for comment. Theodore J. Boutrous of Gibson, Dunn & Crutcher represents the network.

In a statement Monday, Howard Weitzman and Jonathan Steinsapir of Kinsella Weitzman, counsel for the Jackson estate, applauded the ruling.

“The trial judge and now the Ninth Circuit Court of Appeals have unanimously rejected HBO’s arguments,” the statement said. “In the court’s own words, HBO ‘agreed that it would not make any disparaging remarks concerning Jackson.’ It’s time for HBO to answer for its violation of its obligations to Michael Jackson.”

The Jackson estate is also represented by Bryan Freedman of Freedman & Taitelman.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 17 dicembre 2020, 8:00


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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 17 dicembre 2020, 8:03

andjustice4some
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"Predictably enough for a film that was never vetted, and was hidden from the Estate and Jackson’s family until it was completed.... several assertions in the Film have now been proven to be utterly false, and the director... has been forced to admit their falsity."

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 17 dicembre 2020, 12:33

Viral Hip Hop News
@ViralHipHopNews

Taj Jackson Gives Update On The HUGE WIN For MJ's Estate Over HBO & How Its FAR From Over!
https://youtu.be/31-t_EUvWjw

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 17 dicembre 2020, 20:33

andjustice4some
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11/7/19 When the judge asked what the Estate attorney thought would happen if the Ninth Circuit granted the appeal in #MJEstatevHBO, here's what he said. "It's not going to rule that the contract expired, that I can tell you." - Howard Weitzman

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 17 dicembre 2020, 21:14

Taj Jackson Gives Update On The HUGE WIN For MJ's Estate Over HBO & How ... https://youtu.be/31-t_EUvWjw

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 20 dicembre 2020, 8:56

From the Estate's filing re Casey Bloys. twitter.com/MikeSalazar777

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 22 dicembre 2020, 11:11

andjustice4some
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"Had HBO actually looked at the public records of the lawsuits, it would have discovered that, along with the fact that the credibility of Robson and Safechuck were absolutely devastated in the trial court.“ - Jonathan Steinsapir, MJ Estate attorney

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 30 dicembre 2020, 20:44

andjustice4some
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#MJEstatevHBO update: HBO had 14 days to file for a rehearing. Taking into account that 12/25 is a court holiday, there is still no filing by HBO. They still can file for an en banc rehearing or take it to the Supreme Court, but chances are very, very low.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 31 dicembre 2020, 8:20

andjustice4some
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Source close to the Estate: Whether arbitration is public or not is decided by arbitrator. If it is public, documents will be available but public can't attend. Some discovery would be redacted like Robson/Safechuck cases.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 4 gennaio 2021, 20:30

andjustice4some
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From LA Superior Court website, here is a definition of arbitration. MJ Estate and HBO will go to arbitration soon. No sign of HBO filing for an en banc rehearing or appealing to the Supreme Court as of yet.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 6 gennaio 2021, 12:44

:D

andjustice4some
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Update: The Ninth Circuit Court of Appeals has issued a mandate in the #MJEstatevHBO case. This mandate refers the case back to the lower court to begin the arbitration process.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 8 gennaio 2021, 9:22

TSCM
@MJJRepository

"HBO suffers sharp decline in viewership after the ending of Game of Thrones."
Precisely what the estate predicted in their original HBO filings & why HBO was desperate to find sensational, less expensive content.
"HBO picked the wrong time to fail in original content."
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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 9 gennaio 2021, 9:22

andjustice4some
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Update on the #MJEstatevHBO case: Judge Wu has set a status conference for 2/4/21 at 8:30 am. The parties have to file a joint report by 2/1/21, which should give us an inkling into both parties' direction for the case.

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 21 gennaio 2021, 20:31

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Reminder: Just a little over a week before the joint brief between HBO and the MJ Estate is due, on 2/1/21. Status conference will occur on 2/4/21

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 26 gennaio 2021, 8:40

Dr. Andrew Greene | BLM
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What is HBO afraid of? “...whether prepared by HBO or otherwise coming into HBO's possession or control, shall
be and remain Licensor's and/or Performer’s sole and exclusive property...”
I do believe this clearly reads as though the MJ Estate officially owns or will own LN.

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What is HBO afraid of? Binding and final arbitration ruling, meaning the ruling of the arbitrator must be accepted as binding and final. No right to appeal

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 29 gennaio 2021, 9:37

Branca discussing media's not "doing their homework or research anymore" https://musicbusinessworldwide.com/john ... -about-it/

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 2 febbraio 2021, 8:50

andjustice4some
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Re #MJEstatevHBO, the two parties have filed their joint brief. Of note, they have not decided on an arbitrator as of today, February 1. Status conference remains on 2/4.


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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 4 febbraio 2021, 9:09

andjustice4some
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Reminder: Tomorrow is a status conference for the #MJEstatevHBO case. This is a tele-conference due to COVID, so nobody will be in court. However, if there are transcripts or documents released, I will post them

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Re: Estate v HBO regarding Leaving Neverland/Arbitration

Messaggio da soulmum » 5 febbraio 2021, 11:39

andjustice4some
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RE: #MJEstatevHBO status conference today. Source close to the Estate said that Judge Wu set a new status conference for late March, 2021. Wu indicated that he expected an arbitrator to be chosen by then, and if so, the status conference would not be held.

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