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

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).

06-09-2008, 07:31 AM	#34
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.