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Voronwë_the_Faithful
Valinor
Jul 20 2008, 2:34pm
Post #1 of 11
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Latest Update on the Lawsuit
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Okay, here's the latest update. The plaintiffs filed a First Amended Complaint last Monday (which I believe was the last day for them to do so). They have dropped the fiduciary duty cause of action (as expected), but they have asserted new allegations to support the fraud cause of action. They added more specific claims as to how they contend that New Line misrepresented the amount of expenses that it had in order to avoid paying the royalties due. And they somewhat clarified their contention as to how they relied on these misrepresentations to their detriment.
Undoubtably New Line will again file a demurrer to the fraud cause of action. I would say it is about a 50/50 chance that the judge will sustain it this time. Meanwhile, the liklihood of a settlement continues to slip away.
'But very bright were the stars upon the margin of the world, when at times the clouds about the West were drawn aside.'
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Peredhil lover
Valinor
Jul 20 2008, 2:55pm
Post #2 of 11
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I am glad that you are keeping us updated; otherwise we would probably barely know what happens at all.
Looks really as if that could go on (nearly) indefinitely .. 
I do not suffer from LotR obsession - I enjoy every minute of it.
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Voronwë_the_Faithful
Valinor
Jul 20 2008, 3:30pm
Post #5 of 11
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The possibility of the termination of New Line's rights to make the films is still out there, although I still think it is a remote one.
'But very bright were the stars upon the margin of the world, when at times the clouds about the West were drawn aside.'
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Voronwë_the_Faithful
Valinor
Jul 20 2008, 3:35pm
Post #6 of 11
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seems that the plantiffs have strengthened their case by clarification and new allegations rather than backed down. I think both parties would be in it for the long haul - though at the moment its a bit like watching tennis  I was wondering about what you said here Voronwe The Faithful ..
I would say it is about a 50/50 chance that the judge will sustain it this time. Meanwhile, the liklihood of a settlement continues to slip away.
Do you think the judge would be more likely to see a decision made on this than allowing the New Line Katja demurrer go through?
and
Do you mean that the longer this goes on, its more likely that an 'out of court' settlement would happen, or are you suggesting that there would be no settlement at all.
I think the judge is more like to overrule the demurrer now that the plaintiffs have made more specific allegations supporting their fraud claim. But I still think that there is a pretty good chance that she will continue to hold that it is a breach of contract claim dressed up as fraud.
I think as long as the parties are rangling over the scope of the claims that the plaintiffs can assert it will be difficult to engage in productive settlement negotiations. And the more they rangle, the more likely it is that the rancor will get in the way of productive talks.
That having been said, I still think that the case will settle eventually.
'But very bright were the stars upon the margin of the world, when at times the clouds about the West were drawn aside.'
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Altaira
Superuser
Jul 20 2008, 7:31pm
Post #8 of 11
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Thanks for the update, Voronwe!
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I feel like I'm watching a chess match where the advantage changes with every move and it sometimes isn't apparent who has it, or even whether there *is* one. I'm glad we have you as an interpreter! 
Koru: Maori symbol representing a fern frond as it opens. The koru reaches towards the light, striving for perfection, encouraging new, positive beginnings.
"Life can't be all work and no TORn" -- jflower
"I take a moment to fervently hope that the camaradarie and just plain old fun I found at TORn will never end" -- LOTR_nutcase
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Elizabeth
Half-elven
Jul 21 2008, 12:45am
Post #9 of 11
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Thank you for keeping us so well informed. //
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Sunset, July 3, 2008
Elizabeth is the TORnsib formerly known as 'erather'
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ArathornJax
Lorien
Jul 21 2008, 3:04am
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Thanks for sharing your very sagacious knowledge. It really helps to hear based on your experience, what you think will happen. If I remember right your batting a hundred percent so far.
" . . . (we are ) too engrossed in thinking of everything as a preparation or training or making one fit -- for what? At any minute it is what we are and are doing, not what we plan to be and do that counts."
J.R.R. Tolkien in his 6 October 1940 letter to his son Michael Tolkien.
Come over to the LOTR Movie Thread and discuss the 1981 BBC Adaptation of the LOTR.
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grammaboodawg
Immortal
Jul 24 2008, 8:48am
Post #11 of 11
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Sounds like it's going to continue to be a bumpy ride. It sounds like they spent their time well in getting their ducks in a row with NL following a well-used method-of-operation. Thanks so much for the update.
"Barney Snow was here." ~Hug like a hobbit!~ "In my heaven..."
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