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

ArathornJax · 06-29-2008, 02:46 PM

The court on Friday sustained New Line's Demurrer that the only thing that the suit brought by the Estate only sustains a breach of contract action. I'm sure others can speak to what this means more to me but as I understand it it means that the Estate cannot seek punitive damages against New Line. Interesting . . . still doesn't change the fact that I think New Line needs to honor the contract and pay to the Estate what they are owed.

Sauron the White · 06-30-2008, 05:20 AM

Does this mean that
1- with the prospect of punitive damages off the table, negotiations towards a settlement should be easier?
2- the prospect of stripping NL of film rights is either removed or significantly lessened?
3- the California courts sees this as a mere dispute about money owed as opposed to someone acting in a fraudelent manner?

ArathornJax · 06-30-2008, 06:12 AM

Voronwe the Faithful over at two other sites states that (he is a lawyer in CA) he believes that yes, it could make it easier for the Estate to settle in time with New Line at a reduce amount probably, and that is what will probably happen next year. The prospect of stripping New Line is still in play but may be unlikely as he points out that the ruling "does show that the judge does not seem to be sympathetic to the plaintiffs' rather over the top legal positions. I think the judge, like myself, sees this as a straightfoward breach of contract case. But it certainly can be very tricky to predict what a judge will do on one issue based on what she does on other issue."

The court found that the compliant supports nothing more than a breach of contract cause of action, so no fraud was attempted. The plantiffs (the Tolkien Estate and their lawyers) have 20 days now to amend the compliant to show new evidence of fraud, something probably unlikely.

It would be nice to if New Line would just pay what they owe the Estate, but I guess that is the issue, how much they feel they actually owe the Estates, or how little they can get away with paying them. Again though this is only round one of a very long fight more than likely.

davem · 07-02-2008, 11:14 AM

More here:
http://www.latimes.com/entertainment...,2775685.story

Sauron the White · 07-02-2008, 06:44 PM

Good article.

06-29-2008, 02:46 PM	#1
ArathornJax Haunting Spirit Join Date: Feb 2008 Location: Out West near a Big Salty Lake Posts: 76	Court Sustains DeMurrer The court on Friday sustained New Line's Demurrer that the only thing that the suit brought by the Estate only sustains a breach of contract action. I'm sure others can speak to what this means more to me but as I understand it it means that the Estate cannot seek punitive damages against New Line. Interesting . . . still doesn't change the fact that I think New Line needs to honor the contract and pay to the Estate what they are owed. __________________ "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

06-30-2008, 06:12 AM	#3
ArathornJax Haunting Spirit Join Date: Feb 2008 Location: Out West near a Big Salty Lake Posts: 76	Accoording to Voronwe the Faithful over at two other sites states that (he is a lawyer in CA) he believes that yes, it could make it easier for the Estate to settle in time with New Line at a reduce amount probably, and that is what will probably happen next year. The prospect of stripping New Line is still in play but may be unlikely as he points out that the ruling "does show that the judge does not seem to be sympathetic to the plaintiffs' rather over the top legal positions. I think the judge, like myself, sees this as a straightfoward breach of contract case. But it certainly can be very tricky to predict what a judge will do on one issue based on what she does on other issue." The court found that the compliant supports nothing more than a breach of contract cause of action, so no fraud was attempted. The plantiffs (the Tolkien Estate and their lawyers) have 20 days now to amend the compliant to show new evidence of fraud, something probably unlikely. It would be nice to if New Line would just pay what they owe the Estate, but I guess that is the issue, how much they feel they actually owe the Estates, or how little they can get away with paying them. Again though this is only round one of a very long fight more than likely. __________________ "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

07-02-2008, 11:14 AM	#4
davem Illustrious Ulair Join Date: Aug 2002 Location: In the home of lost causes, and forsaken beliefs, and unpopular names,and impossible loyalties Posts: 4,240	More here: http://www.latimes.com/entertainment...,2775685.story __________________ “Everything was an object. If you killed a dwarf you could use it as a weapon – it was no different to other large heavy objects."

06-30-2008, 05:20 AM	#2
Sauron the White Ghost Prince of Cardolan Join Date: Mar 2007 Posts: 903	Does this mean that 1- with the prospect of punitive damages off the table, negotiations towards a settlement should be easier? 2- the prospect of stripping NL of film rights is either removed or significantly lessened? 3- the California courts sees this as a mere dispute about money owed as opposed to someone acting in a fraudelent manner?

07-02-2008, 06:44 PM	#5
Sauron the White Ghost Prince of Cardolan Join Date: Mar 2007 Posts: 903	Good article.