Christopher Tolkien: kill HOBBIT film - The Barrow-Downs Discussion Forum

ArathornJax · 06-08-2008, 11:14 PM

Brad D. Brian who is representing the New Line/Time Warner. Not sure if any cares but I think he has a pretty impressive resume: Brad D. Brian

Here is the link to the Tolkien Estate Lawyer and she also is equally impressive. I'll add a note to below: Bonnie Eskenazi

Ms. Eskenazi is noted for some worth while items (she is out of Stanford Law School I believe):

Her first listing is the TE lawsuit and it states, "the Estate is seeking a damage award of at least $150 million and has also requested that the Court declare New Line’s rights terminated."

I've studied this case for fun of it: Bagdasarian Productions v. Universal Studios Successfully obtained the return of the "Alvin & The Chipmunks" characters to the original owners from a major motion picture studio.

Hmm, does the Chipmunk sound similar to the above statement on New Line losing righs? Universal had made movies and sold them on DVD etc for many years and then yank, the rights were pulled. This was based on a breach of contract also.

DIC Entertainment v. Speed Racer Enterprises: Successfully represented the children's animation company in an action concerning its intellectual property rights in the "Speed Racer" property

Stephen Slesinger Inc. v. The Walt Disney Co.: Represented the owners of rights in Winnie The Pooh in their action against Disney for fraud and breach of contract relating to Disney's obligation to pay royalties

want to do something fun, research the Pooh Lawsuit(s) that goes back to the 1980's and is still on going. Wikipedia has a quick overview with some links to papers if you don't want to look at papers, journals and legal case studies.

• Hans Zimmer v. The Walt Disney Co.: Successfully represented the Oscar-winning composer of "The Lion King" against Disney for failure to properly pay contractually required royalties for Disney's use of the "The Lion King" film score in a legitimate theatrical production

Her experience goes both ways and I have to say that I think were in for a roller coaster ride up and down. I truly hope that Time Warner does the right thing and pay what is truly due to the Estate.

davem · 06-08-2008, 11:48 PM

Quote:

Originally Posted by ArathornJax

Her experience goes both ways and I have to say that I think were in for a roller coaster ride up and down. .

Well - yesterday's Sunday Times speculated it might get nasty (second story on page) http://entertainment.timesonline.co....cle4072239.ece

William Cloud Hicklin · 06-09-2008, 05:54 AM

If TW really is trying to use this Carrie creature as a weapon, they are plumbing levels of sleaze remarkable even by Hollywood standards.

Sauron the White · 06-09-2008, 06:54 AM

Mr. Hicklin and I are usually firmly on opposite sides of many issues, but I have to agree strongly with his above statement. This sort of thing has no place in this suit.

I do have a question if it does not involve billable hours:

So what happens in these continuance hearings later this month .... and does the October 2009 date mean that there will be another 16 months of protracted negotiations?

William Cloud Hicklin · 06-09-2008, 07:31 AM

Well, StW, initial trial dates usually represent wishful thinking- they are for the most part placeholders in the docket, subject to myriad reschedulings.

Negotiations move at their own pace, largely unmoved by trial dates (most judges will happily postpone if the parties show any likelihood of getting out of his hair). On the flipside, parties who are nearing asgreement have every incentive to hurry up and get it done, because ongoing litigation is bloody expensive.

The principal purpose of the hearing on the 27th will be the defense' Demurrer and Motion to Strike. If those motions were to succeed (I don't think so, but another lawyer-Tolkienist disagrees), the most that would happen would be that punitive damages would be taken off the table and TW/NL only on the hook for the contractual damages- which of course still represent a gargantuan sum (remember, studios don't keep tens of millions sitting around in the bank- when they need to finance a big-budget film they borrow the money).

Sauron the White · 06-09-2008, 07:45 AM

Thank you WCH for that bro bono work.

Sauron the White · 06-09-2008, 07:57 AM

I feel like Pippin asking Gandlaf endless questions............. one more .............

this motion to Strike later this month..... are those damages tied to punishing New Line and would the request to revoke New LInes film rights be part of that punishment?

In other words, if New Line prevails at removing punitive damages from the litigation and only actual monies owed to the Estate are then part of the suit, is the question of revoking film rights also removed from the suit?

06-08-2008, 11:14 PM	#1
ArathornJax Haunting Spirit Join Date: Feb 2008 Location: Out West near a Big Salty Lake Posts: 76	Meet the Lawyers Brad D. Brian who is representing the New Line/Time Warner. Not sure if any cares but I think he has a pretty impressive resume: Brad D. Brian Here is the link to the Tolkien Estate Lawyer and she also is equally impressive. I'll add a note to below: Bonnie Eskenazi Ms. Eskenazi is noted for some worth while items (she is out of Stanford Law School I believe): Her first listing is the TE lawsuit and it states, "the Estate is seeking a damage award of at least $150 million and has also requested that the Court declare New Line’s rights terminated." I've studied this case for fun of it: Bagdasarian Productions v. Universal Studios Successfully obtained the return of the "Alvin & The Chipmunks" characters to the original owners from a major motion picture studio. Hmm, does the Chipmunk sound similar to the above statement on New Line losing righs? Universal had made movies and sold them on DVD etc for many years and then yank, the rights were pulled. This was based on a breach of contract also. DIC Entertainment v. Speed Racer Enterprises: Successfully represented the children's animation company in an action concerning its intellectual property rights in the "Speed Racer" property Stephen Slesinger Inc. v. The Walt Disney Co.: Represented the owners of rights in Winnie The Pooh in their action against Disney for fraud and breach of contract relating to Disney's obligation to pay royalties want to do something fun, research the Pooh Lawsuit(s) that goes back to the 1980's and is still on going. Wikipedia has a quick overview with some links to papers if you don't want to look at papers, journals and legal case studies. • Hans Zimmer v. The Walt Disney Co.: Successfully represented the Oscar-winning composer of "The Lion King" against Disney for failure to properly pay contractually required royalties for Disney's use of the "The Lion King" film score in a legitimate theatrical production Her experience goes both ways and I have to say that I think were in for a roller coaster ride up and down. I truly hope that Time Warner does the right thing and pay what is truly due to the Estate. __________________ "At any minute it is what we are and are doing, not what we plan to be and do that counts." JRR Tolkien in 6 October 1940 letter to Michael Tolkien

06-09-2008, 05:54 AM	#3
William Cloud Hicklin Loremaster of Annúminas Join Date: Oct 2006 Posts: 2,330	If TW really is trying to use this Carrie creature as a weapon, they are plumbing levels of sleaze remarkable even by Hollywood standards. __________________ The entire plot of The Lord of the Rings could be said to turn on what Sauron didn’t know, and when he didn’t know it.

06-09-2008, 07:31 AM	#5
William Cloud Hicklin Loremaster of Annúminas Join Date: Oct 2006 Posts: 2,330	Well, StW, initial trial dates usually represent wishful thinking- they are for the most part placeholders in the docket, subject to myriad reschedulings. Negotiations move at their own pace, largely unmoved by trial dates (most judges will happily postpone if the parties show any likelihood of getting out of his hair). On the flipside, parties who are nearing asgreement have every incentive to hurry up and get it done, because ongoing litigation is bloody expensive. The principal purpose of the hearing on the 27th will be the defense' Demurrer and Motion to Strike. If those motions were to succeed (I don't think so, but another lawyer-Tolkienist disagrees), the most that would happen would be that punitive damages would be taken off the table and TW/NL only on the hook for the contractual damages- which of course still represent a gargantuan sum (remember, studios don't keep tens of millions sitting around in the bank- when they need to finance a big-budget film they borrow the money). __________________ The entire plot of The Lord of the Rings could be said to turn on what Sauron didn’t know, and when he didn’t know it.

06-09-2008, 06:54 AM	#4
Sauron the White Ghost Prince of Cardolan Join Date: Mar 2007 Posts: 903	Mr. Hicklin and I are usually firmly on opposite sides of many issues, but I have to agree strongly with his above statement. This sort of thing has no place in this suit. I do have a question if it does not involve billable hours: So what happens in these continuance hearings later this month .... and does the October 2009 date mean that there will be another 16 months of protracted negotiations?

06-09-2008, 07:45 AM	#6
Sauron the White Ghost Prince of Cardolan Join Date: Mar 2007 Posts: 903	Thank you WCH for that bro bono work.

06-09-2008, 07:57 AM	#7
Sauron the White Ghost Prince of Cardolan Join Date: Mar 2007 Posts: 903	I feel like Pippin asking Gandlaf endless questions............. one more ............. this motion to Strike later this month..... are those damages tied to punishing New Line and would the request to revoke New LInes film rights be part of that punishment? In other words, if New Line prevails at removing punitive damages from the litigation and only actual monies owed to the Estate are then part of the suit, is the question of revoking film rights also removed from the suit?