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Latest Update on the Lawsuit

Voronwë_the_Faithful
Valinor

Jul 20 2008, 2:34pm

Post #1 of 11 (833 views)
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Latest Update on the Lawsuit Can't Post

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.'


Peredhil lover
Valinor

Jul 20 2008, 2:55pm

Post #2 of 11 (335 views)
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Thanks! [In reply to] Can't Post

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 .. Frown

I do not suffer from LotR obsession - I enjoy every minute of it.


Goldberry of the river
Lorien


Jul 20 2008, 3:09pm

Post #3 of 11 (334 views)
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So what does this mean for the film? [In reply to] Can't Post

Unsure

Brian Blessed for Thorin!


Elven
Valinor


Jul 20 2008, 3:26pm

Post #4 of 11 (348 views)
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Interesting comeback ... [In reply to] Can't Post

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 Wink

I was wondering about what you said here Voronwe The Faithful ..

Quote

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 feel the plantiffs will stand their ground on this - for as long as it takes - even if the next stage seems like a loss.
I just get the feeling that the worse it gets for the plantiffs the more fight they will find in them - I cant see them backing down now this has started - I dont think they're showing all their cards just yet. Im sure they get some unexpected support.


As always your insights are priceless and much appreciated VTF!! Thankyou for the update!

Cheers Elven x






Were off to Hobbiton finally!

Tolkien was a Capricorn!!
Russell Crowe for Beorn!!



Voronwë_the_Faithful
Valinor

Jul 20 2008, 3:30pm

Post #5 of 11 (356 views)
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No change [In reply to] Can't Post

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.'


Voronwë_the_Faithful
Valinor

Jul 20 2008, 3:35pm

Post #6 of 11 (326 views)
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I mean ... [In reply to] Can't Post


In Reply To
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 Wink

I was wondering about what you said here Voronwe The Faithful ..

Quote

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.'


Elven
Valinor


Jul 20 2008, 3:58pm

Post #7 of 11 (298 views)
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Thankyou for clarifying that ... [In reply to] Can't Post

I was heading in that direction ... sort of Wink ...


Quote

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.




I wondered if some of that evidence came about by the Plantiffs having access (supervised as it was) from New Lines records, or if it came in the form of a person - maybe both ...
It maybe the case that it is both fraud and breech of contract? if that is possible.

I dont feel that an early settlement negotiation is an option for this case - just the way the plantiffs and their representatives show a determination about this.
So, possibly it will settle eventually, but Im not sure it will be through shaking hands and handing over a cheque.

I wonder when the case goes into clarifying the Agreements and the TE plantiffs getting a decision on those.

Thankls for replying Voronwe.

Cheers
Elven x



Were off to Hobbiton finally!

Tolkien was a Capricorn!!
Russell Crowe for Beorn!!



Altaira
Superuser / Moderator


Jul 20 2008, 7:31pm

Post #8 of 11 (256 views)
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Thanks for the update, Voronwe! [In reply to] Can't Post

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! Smile


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
Valinor


Jul 21 2008, 12:45am

Post #9 of 11 (315 views)
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Thank you for keeping us so well informed. // [In reply to] Can't Post

 





Sunset, July 3, 2008

Elizabeth is the TORnsib formerly known as 'erather'


ArathornJax
Lorien


Jul 21 2008, 3:04am

Post #10 of 11 (264 views)
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Thanks [In reply to] Can't Post

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.




grammaboodawg
Immortal


Jul 24 2008, 8:48am

Post #11 of 11 (184 views)
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*tightens seatbelt* [In reply to] Can't Post

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.



sample

"Barney Snow was here." ~Hug like a hobbit!~ "In my heaven..."



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