Spare a copper guv....?

[Bêthberry]

If New Line is found negligent, can they not be required to pay the Trust's legal costs?

[Morsul the Dark]

look it depends on the wording, Nobody denies they get money what's unknown is from who.

[Boromir88]

Originally Posted by Morsul the Dark

look it depends on the wording, Nobody denies they get money what's unknown is from who.

True it could be Saul Zaentz, or whatever rights got split up over the various years. But Zaentz is another plaintiff, along with the Trust, and the Trust is not suing Zaentz so I guess they don't think it is his responsibility.

This could be trying to suck New Line completely dry, but just realize that New Line does not have a good track record at making payments. They failed to pay Jackson what they said they would, they failed to pay a group of LOTR actors, they failed to pay Zaentz, and now the Trust believes they didn't get paid what is owed to them. It's hard to make any good defense for New Line, other than admitting they didn't own up to a contract, considering their track record.

If New Line is found negligent, can they not be required to pay the Trust's legal costs?~Bethberry

I believe that is something the Trust would have to ask for in their lawsuit...I haven't looked at it in a long time, so I forget whether they have or not. But, a judge cannot award money to someone if that person/group of people isn't asking for it.

[radagastly]

Originally posted by Boromir88:

But, a judge cannot award money to someone if that person/group of people isn't asking for it.

Yes, a judge can, but seldom will. I would find it impossible to believe that the Tolkien Trust has not asked for legal fees to be included in this suit, as well as possible punitive damages, considering the track record detailed by Boromir88. Bear in mind, these troubles orbit around a single New Line project. If they appear vulnerable, they may begin seeing lawsuits and audits centered on many other New Line projects, going all the way back to Freddy Krueger.

[davem]

Originally Posted by Bêthberry

If New Line is found negligent, can they not be required to pay the Trust's legal costs?

If they are - but, in the words of the great E.L. Wisty "British justice must not only be done, it must be seen to be ..believed" & I've no doubt American justice is not too different

The real point though, is that even if the Trust do succeed & get their costs awarded (by no means guaranteed, & even if they do what's left of New Line may claim they have no cash to pay it) they have still to spend money fighting the case which they could be donating to charities in real need. Or in other words a lot of real suffering by real human beings will have continued which wouldn't have continued if New Line hadn't been a bunch of 'creative accountants'. Not to mention what the Trust could have done over the last 8 years with the profits they should have got.

[William Cloud Hicklin]

Nope- in the US (unlike Britain) parties to a suit pay their own attorneys' fees, win or lose.

It is however very true that the Tolkien Trust is a fiduciary and as such has a legal obligation to recover monies owed to it.

It's no longer a question of "sucking New Line dry," since New Line as a legal entity has ceased to exist, having been absorbed into Time Warner (which is thus now responsible for New Line's liabilities).

[Morsul the Dark]

Hate to say it, but as with all such matter Time Warner has nearly endless resources they'll simply wait out the estate until it gets sick and quits.