Statement Sundance Film Festival

Hier findet ihr Statements und Presseberichte vom Estate
Benutzeravatar
Seehase
MJ - King of Pop
MJ - King of Pop
Beiträge: 476
Registriert: 11.10.2018, 11:19
Gender:
Kontaktdaten:
Status: Offline

Re: Statement Sundance Film Festival

Apr 2019 17 19:28

Beitrag: # 16090Beitrag Seehase
17.04.2019, 19:28

Manuka hat geschrieben:
17.04.2019, 19:19
Secret Lady hat geschrieben:
17.04.2019, 17:47
wurde er nicht damals von Michael entlassen oder habe ich da was falsch in Erinnerung?
Seehase hat geschrieben:
17.04.2019, 19:03
Muss man sich nicht sogar fragen, wem aus dem Estate man überhaupt trauen kann? Seufz
Jo wenn man bedenkt das mit dem Testament auch was komisch war...
Im Buch Make That Chance kommen alle nicht gut weg!
eben! Ich denke, da ist jeder irgendwie Fähnchen im Wind...
Bild

Benutzeravatar
Manuka
MJ - King of Pop
MJ - King of Pop
Beiträge: 1915
Registriert: 29.01.2018, 00:57
Wohnort: NRW
Status: Offline

Re: Statement Sundance Film Festival

Apr 2019 17 19:33

Beitrag: # 16092Beitrag Manuka
17.04.2019, 19:33

Seehase hat geschrieben:
17.04.2019, 19:28
eben! Ich denke, da ist jeder irgendwie Fähnchen im Wind...
Da sie alle gut was vom Kuchen ab bekommen, sollte ihnen aber daran gelegen sein,
dass der Rubel weiter rollt! :grins001 Schaden wollen sie der Sache sicher schon aus eigenen Interessen nicht.
Bild
Je Ne Veux Pas La Fin De Nous!

Benutzeravatar
Seehase
MJ - King of Pop
MJ - King of Pop
Beiträge: 476
Registriert: 11.10.2018, 11:19
Gender:
Kontaktdaten:
Status: Offline

Re: Statement Sundance Film Festival

Apr 2019 17 19:40

Beitrag: # 16093Beitrag Seehase
17.04.2019, 19:40

Manuka hat geschrieben:
17.04.2019, 19:33
Seehase hat geschrieben:
17.04.2019, 19:28
eben! Ich denke, da ist jeder irgendwie Fähnchen im Wind...
Da sie alle gut was vom Kuchen ab bekommen, sollte ihnen aber daran gelegen sein,
dass der Rubel weiter rollt! :grins001 Schaden wollen sie der Sache sicher schon aus eigenen Interessen nicht.
davon ist auszugehen :grins001
Bild

Benutzeravatar
Remember MJ
Administrator
Administrator
Beiträge: 8451
Registriert: 24.01.2018, 16:41
Wohnort: Neverland
Gender:
Kontaktdaten:
Status: Offline

Re: Statement Sundance Film Festival

Jun 2019 10 09:46

Beitrag: # 16650Beitrag Remember MJ
10.06.2019, 09:46

HBO Wins First Round in Michael Jackson Estate’s ‘Leaving Neverland’ Lawsuit

A federal judge refuses to let an arbitrator determine jurisdiction in a controversy over whether the documentary disparaged the late pop singer.

The dispute over Leaving Neverland, HBO’s documentary will stay in open court for now. Following a hearing last week, a federal judge on Tuesday decided to reject a motion from the Michael Jackson Estate to immediately throw the case to an arbitrator.

The Michael Jackson Estate sued HBO shortly before Leaving Neverland premiered on March 3. The plaintiff alleges that the film constitutes a breach of a non-disparagement clause in a 27-year-old agreement, one that provided the pay network with rights to air a televised concert following the release of Jackson’s album, Dangerous. But the Michael Jackson Estate doesn’t actually wish to litigate in open court. Instead, Jackson’s heirs invoked an arbitration clause in that old deal and aimed to get a Los Angeles Superior Court judge to compel a showdown before the American Arbitration Association..

In response, HBO had the case removed from state to federal court in California. Characterizing the Michael Jackson Estate’s whole legal endeavor as a “transparent effort to bolster their publicity campaign against the documentary” by skirting legal precedent against posthumous defamation claims, HBO denied there was any enforceable agreement that hadn’t expired and actually covered Leaving Neverland. The AT&T subsidiary further argued that any over-reading of the 1992 contract would violate both its due process rights as well as the First Amendment.

From there, the parties fought a battle inside the larger legal war to resolve the question of where the dispute would be adjudicated. While the issue of forum may seem like a boring procedural issue, it has the potential of determining the entire case because if the arbitration provision is inoperable, so too likely are the confidentiality and non-disparagement clauses that provide the basis for claims by the Michael Jackson Estate.

HBO argued that under the Federal Arbitration Act, the federal judge had to decide the “gateway issues of validity and arbitrability.” Such analysis would turn, according to the network’s lawyers, on whether HBO clearly and unmistakably manifested an intent back in 1992 to have an arbitrator determine jurisdiction. HBO also brought up old rules (since amended) by the AAA with respect to the invocation of jurisdiction.

The Michael Jackson Estate framed such arguments as “classic tautology,” opining in a court brief that “it assumes the very conclusion that HBO wants an adjudicator to reach in this dispute, i.e., that there are no remaining obligations under the Agreement.”

U.S. District Court Judge George H. Wu doesn’t see clear and unmistakable evidence regarding arbitration. He’s both denied motions to remand the case back to state court as well as compel arbitration.

That represents an initial win for HBO.

That said, the judge is directing the parties to deliver supplemental briefing on the issue of arbitration. The next couple of months will have the two sides exploring the meaning of that 1992 deal. Wu then will come to a new decision about the prospect of arbitration. If HBO wins, it likely won’t have to even get into the issue of whether Leaving Neverland damaged Michael Jackson.

More information:

Michael Jackson’s estate will have to keep battling HBO over the network’s “Leaving Neverland” documentary in open court for now, a California federal judge has ruled, denying a bid by the estate to have the breach of contract claims handed over to an arbitrator straight away or remanded to state court.

U.S. District Judge George H. Wu on Friday shot down the estate’s request to have a state court handle the case, finding that the language of a 1992 agreement does not indicate that any disputes should be handled only by state court, as the estate had argued. He also ruled that he should be the one to make a determination on arbitration, according to his one-page order, which largely adopted a tentative ruling he had issued the day before.

Judge Wu did say he would allow supplemental briefing on the motion to compel arbitration and set a hearing on the matter for June 24.

“The motion to remand is denied, and the motion to compel arbitration is denied insofar as it contends that the gateway issue of arbitrability is to be decided by the arbitrator rather than the Court pursuant to clear and unmistakable evidence,” Judge Wu said.

HBO said in a statement on Wednesday, “We are pleased the judge agreed with us that he is the decision maker in the first instance.”

In HBO’s documentary “Leaving Neverland,” which first aired in March, Wade Robson and James Safechuck accuse Jackson of raping them when they were children. They said the abuse happened while their families were staying at Jackson’s 2,800-acre ranch. Both men had previously testified in defense of Jackson.

Jackson’s estate filed its $100 million suit against HBO in February, ahead of the documentary’s release. The estate is taking issue with the concert footage used in “Finding Neverland,” alleging that HBO breached its contract with the estate by including it. The estate also claims the documentary has harmed Jackson’s legacy, according to court filings.

The suit was filed in Los Angeles Superior Court, but it has since landed in federal court.

In April, Jackson’s estate asked Judge Wu to either ship the case back to California state court or compel arbitration. The estate claimed that its agreement with HBO specifies that Los Angeles County Superior Court should be the “exclusive” forum for any dispute, according to court filings.

As an alternative, the estate requested that the court compel arbitration of its claims pursuant to an arbitration provision in that agreement, per the filings. And an arbitrator should be the one to decide questions of arbitrability, the estate argued, citing the rules of the American Arbitration Association. The current version of those say an arbitrator should have the power to rule on his or her own jurisdiction, according to the filings.

Judge Wu disagreed Friday, finding in his tentative ruling that the agreement’s “plain language” does not support a finding that the parties intended that court to be the “only forum for other disputes.”

“The parties’ instant disagreement is not about who should serve as the arbitrator, but rather whether arbitration should be compelled in the first instance,” Judge Wu said. “Therefore, the court would deny plaintiff’s motion to remand.”

And he wasn’t immediately convinced by Jackson’s estate’s arguments that the issue of arbitrability be decided by an arbitrator, he said, noting that the agreement was entered into before those rules applied. He said the parties should discuss this matter further during the upcoming hearing.

“Because the court has not yet decided whether or not an arbitrator will decide arbitrability, it will hold off from addressing the arguments in regards to the arbitrability issue,” he said in his tentative ruling.

Counsel for Jackson’s estate declined to comment Wednesday.

Michael Jackson’s estate is represented by Howard Weitzman, Jonathan P. Steinsapir and Zachary T. Elsea of Kinsella Weitzman Iser Kump & Aldisert LLP and Bryan J. Freedman of Freedman & Taitelman LLP.

HBO is represented by Daniel M. Petrocelli and Drew E. Breuder of O’Melveny & Myers LLP and Theodore J. Boutrous Jr. of Gibson Dunn & Crutcher LLP.

The case is Optimum Productions et al. v. Home Box Office et al., case number 2:19-cv-01862, in U.S. District Court for the Central District of California.
Quelle: Hollywood Reporter /mjvibe
Bild

Benutzeravatar
Remember MJ
Administrator
Administrator
Beiträge: 8451
Registriert: 24.01.2018, 16:41
Wohnort: Neverland
Gender:
Kontaktdaten:
Status: Offline

Re: Statement Sundance Film Festival

Jul 2019 04 13:48

Beitrag: # 16989Beitrag Remember MJ
04.07.2019, 13:48

Official Statement from the Estate of Michael Jackson on the French Law Suit

On Thursday, 4 July 2019, a court hearing is taking place in the Northern French city of Orleans where the Michael Jackson Community, the MJ Street and On The Line groups will commence proceedings against Wade Robson and James Safechuck, two men who sullied the image of the late singer Michael Jackson in the four- hour HBO documentary Leaving Neverland which aired in March.

The fan groups are taking action in a French court because of French defamation laws.

In the US and UK, libel protection does not extend after death but in France sullying the image of a deceased person is a criminal offense.

French attorney Emmanuel Ludot who is representing the fan groups in the case against Robson and Safechuck has called the allegations against Michael Jackson “extremely serious” and likened them to “a genuine lynching” of Jackson, who died on 25 June 2009.

The fan clubs are seeking symbolic damages of one Euro each.

According to John Branca, Co-Executor of the Estate of Michael Jackson, “The Estate is in full support of Mr. Ludot’s efforts on behalf of Michael and his beloved fans in France and across the globe that the truth shall ultimately prevail. We remain hopeful that a victory in France will soon fuel a movement In the United States to finally explore changes in the law to afford defamation protection for the deceased.”

Copyright © 2019 The MJ Online Team on Behalf Of The Estate of Michael Jackson, All rights reserved.
MJOnline The Official Online Team of The Michael Jackson Estate™
Quelle: mjvibe
Bild

Benutzeravatar
Remember MJ
Administrator
Administrator
Beiträge: 8451
Registriert: 24.01.2018, 16:41
Wohnort: Neverland
Gender:
Kontaktdaten:
Status: Offline

Re: Statement Sundance Film Festival

Jul 2019 16 22:14

Beitrag: # 17119Beitrag Remember MJ
16.07.2019, 22:14

HBO ‘Neverland’ Arbitration Row Paused In Anti-SLAPP Effort

A California federal judge on Monday held back on deciding whether the Estate of Michael Jackson’s breach of contract suit over HBO’s “Leaving Neverland” documentary should go to arbitration right away, instead allowing HBO to address First Amendment issues underlying the allegations it disparaged Jackson’s character.

At a hearing in downtown Los Angeles, U.S. District Judge George H. Wu entertained a short oral argument over the estate’s motion to compel arbitration regarding a 1992 agreement between HBO and the estate before deciding he would not rule on the matter without first giving the network a chance to file an anti-SLAPP motion, which is used to guard against lawsuits that are intended to impede free speech.

HBO’s attorney, Theodore J. Boutrous Jr. of Gibson Dunn & Crutcher LLP, told Judge Wu there was “no question” that “Leaving Neverland” is a documentary of public concern.

“It’s clear it’s fully protected speech,” Boutrous said.

But the estate’s attorney, Jonathan P. Steinsapir of Kinsella Weitzman Iser Kump & Aldisert LLP, argued that federal court rules dictate a deadline for filing anti-SLAPP motions and that it doesn’t apply in relation to motions to compel arbitration.

“Giving them a way out at this point is just not fair,” Steinsapir said.

But Judge Wu said there are SLAPP concerns in the allegations and that he would give HBO a chance to file an anti-SLAPP motion.

In the $100 million suit against HBO, filed in February, the late singer’s estate claims HBO broke an agreement permitting it to use footage from Jackson’s Dangerous World Tour in exchange for monetary and nonmonetary considerations, including a promise from HBO not to “disparage” the singer.

The estate alleges the documentary has harmed Jackson’s legacy.

In May, Judge Wu denied the Jackson estate’s bid to compel arbitration or remand the case to state court, finding that the language of the 1992 agreement does not indicate that any disputes should be handled only by state court. He also ruled that he should be the one to make a determination on arbitration.

But Judge Wu did allow for supplemental briefing on arbitration part of the motion ahead of Monday’s hearing.

A hearing for HBO’s anti-SLAPP motion was set for Sept. 16.

“As we said in our papers and at today’s argument, we believe there is no legal basis for the estate’s petition and we look forward to presenting further arguments to the court,” an HBO representative told on Monday.

A representative for Jackson’s estate did not immediately respond to a request for comment.

Michael Jackson’s estate is represented by Howard Weitzman, Jonathan P. Steinsapir and Zachary T. Elsea of Kinsella Weitzman Iser Kump & Aldisert LLP and Bryan J. Freedman of Freedman & Taitelman LLP.

HBO is represented by Daniel M. Petrocelli and Drew E. Breuder of O’Melveny & Myers LLP and Theodore J. Boutrous Jr. and Nathaniel L. Bach of Gibson Dunn & Crutcher LLP.

The case is Optimum Productions et al. v. Home Box Office et al., case number 2:19-cv-01862, in the U.S. District Court for the Central District of California.
Quelle: Law360 /mjvibe
Bild

Benutzeravatar
Manuka
MJ - King of Pop
MJ - King of Pop
Beiträge: 1915
Registriert: 29.01.2018, 00:57
Wohnort: NRW
Status: Offline

Re: Statement Sundance Film Festival

Jul 2019 19 22:38

Beitrag: # 17144Beitrag Manuka
19.07.2019, 22:38

Nachricht vom Estate (hauptsächlich hinsichtlich der Emmy Nominierungen als Antwort auf eine Flut von Fan-Mails:

Hi #MJFam:

The Emmy Nominations are not only a blow to the credibility of the awards, but to journalism everywhere. The Estate has received a deluge of messages regarding the nominations, expressing concern from the fan community about the effect this will have on Michael’s legacy. The Estate shares the following message with you.

STATEMENT FROM THE ESTATE

We have heard from many fans in connection with the recent announcement of Emmy nominations in the US. We share your outrage and disappointment that the disgraceful one-sided smear Leaving Neverland was nominated for potential Creative Arts Emmys by the Television Academy.

As you know, the Estate has spent years and considerable sums defending Michael and his estate against false allegations made by the two subjects of Leaving Neverland. When those individuals took their case to HBO having thus far failed in court, we wasted no time in filing a major lawsuit at considerable time and expense against HBO that remains active, attracted worldwide attention and which HBO has taken very seriously.

We also participated in public seminars highlighting the egregious bias of Leaving Neverland– at both Harvard and UCLA – which were covered extensively in the media. We have issued numerous public statements defending Michael, calling into question the motivations not only of the participants in the film but also the motivations of those who would choose to support the discredited liars and filmmaker who spread uncorroborated, unsubstantiated claims against a man who is no longer here to defend himself.

As we have indicated in prior statements, there are and will continue to be things that we do behind the scenes (including support offered to Taj Jackson), most of which will never become public. We recognize that in our unique position we must be thoughtful in whatever actions we take given that we are dealing with a network, filmmaker, plaintiffs’ attorneys and, in some cases, hostile media who are looking to seize on anything we do to advance their agendas and create publicity for this film. While we share the anger those who love Michael feel, we nonetheless must continue to balance our passion to speak out, against what best serves Michael’s legacy and not give those who wish to destroy him the excuse and opportunity they are looking for to try to further denigrate him. We know this is not what the fans want either.

As far as these specific Emmy nominations are concerned, as you may have noticed the media has actually given very little attention to them. So while we can confirm that we informed the Academy of our views regarding the absurdity of nominating for any award four hours of propaganda built on provable lies, it is important to keep in mind that, while not emotionally satisfying to restrain ourselves from speaking out publicly, we don’t want to do anything to effectively aid HBO, the filmmaker and the subjects of the film in seeking to promote this movie in any way. That includes aiding this and other self-serving campaigns they undertake for potential awards nobody will even remember who won a year or two from now.

After screening at Sundance and then playing on HBO, several lies were exposed in Leaving Neverland. The Estate, fans, foreign and African American media and even everyday viewers found holes in the film exposing its appalling lack of credibility and journalistic integrity. Our best course is to continue to shed light on an arrogant director who violated every basic journalistic standard of fairness in making his movie. No self-serving “award” will ever validate his decision to avoid anyone with a counterpoint of view, nor will it ever justify his inexcusable failure to fact check, fill the gaping holes of his timeline or absolve him for recklessly disparaging the reputations of Michael Jackson and others.

HBO’s reprehensible participation in disparaging Michael’s reputation by financing and supporting this infomercial has been frustrating for all of us over the last several months. But we are committed to protecting and preserving Michael’s incredible legacy. HBO and the film’s director were hoping they would mute Michael Jackson. They didn’t. No nominations or potential awards will change that.

We also want to take this opportunity to thank the fans for all of the time, energy and, in some cases, money you have invested in the defense of Michael. You can be assured that we are aware of those efforts and genuinely appreciate everything you do to support Michael and his legacy.

--- The Estate of Michael Jackson

_____________________

Best
Alicia

MJOnline
The Official Online Team of The Michael Jackson Estate™

Copyright © 2019 The MJ Online Team on Behalf Of The Estate of Michael Jackson, All rights reserved.
MJOnline The Official Online Team of The Michael Jackson Estate™
Bild
Je Ne Veux Pas La Fin De Nous!

Benutzeravatar
Remember MJ
Administrator
Administrator
Beiträge: 8451
Registriert: 24.01.2018, 16:41
Wohnort: Neverland
Gender:
Kontaktdaten:
Status: Offline

Re: Statement Sundance Film Festival

Aug 2019 18 21:44

Beitrag: # 17394Beitrag Remember MJ
18.08.2019, 21:44

HBO Wants Court To Dismiss $100 Million Lawsuit Filed By Michael Jackson’s Estate

Bild

Friday 16, HBO filed a motion for dismissal in an attempt to push the court to toss the $100 million lawsuit with the Michael Jackson Estate

HBO claims that the Estate’s lawsuit violates the First Amendment, Due Process Clause and Public Policy.

Here the full document:
https://de.scribd.com/document/42214805 ... -to-Strike

Will the Estate be able to counter-attack this motion? The next hearing is scheduled for September 19.
Quelle: mjvibe
Bild

Antworten