ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Federal Judiciary Blogs -> California Appellate Report

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Federal Judiciary

: California Appellate Report

Ladd v. Warner Bros. Entertainment (Cal. Ct. App. - May 25, 2010)

By Shaun Martin

ADVERTISEMENTS
Two lessons.

First, if you're a filmmaker, studios sc**w you. Admittedly, I know nothing about the "industry," but the result of this case strikes me as entirely right. Here, Alan Ladd develops (and has "points") in Blade Runner, Body Heat, Night Shift, Tequila Sunrise, Outland, Chariots of Fire, and Police Academy 1-6. In short, some good movies, some crappy movies, and some downright bad movies, but lots of movies people have heard of. Warner Brothers distributes these films and numerous others, and sells a huge block of films -- including Ladd's -- to cable companies for a set fee in the hundreds of millions of dollars.

Some of the movies in that block -- including Ladd's -- were popular. Others are total "filler" and/or complete unknowns, including many films owned entirely by Warner Brothers. Warner Brothers internally labels films As, Bs and Cs. Say you get $900 million for selling 900 films, some of which are well-known and hence valuable (As) and some of which are otherwise (Cs). How should the $900 million be allocated for purpose of paying people, like Ladd, with points? On a straight-line method, with each film worth $1 million? Or by actual value; say, with As worth three times as much as Cs?

Needless to say, Warner Brothers uses the straight-line method. Ladd sues. And wins at trial.

Maybe Warner Brothers really did use this method for "convenience". But something tells me that the true motivation may be otherwise. And I have a feeling that the jury may have felt the same way.

So that's one lesson. Don't produce movies.

Second, a lesson for us lawyers. Be careful when you go for broke.

After Warner Brothers loses, its lawyers file a motion for new trial and a JNOV. But then they deliberately "go for broke" by withdrawing the new trial motion. Leaving the trial judge with an option only of entering a judgment in its favor or upholding the verdict. No new trial.

Gutsy. But wrong. At the hearing, the trial judge recognizes that Warner Brothers makes some good arguments about the jury's verdict and the evidence at trial. But states that while these deficiencies might well justify a new trial, Warner Brothers withdrew that motion, and there's technically enough evidence to support the verdict, so denies the JNOV motion and upholds the verdict.


Oops.


Full post as published by California Appellate Report on May 26, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.002 secs (from cache 11/03/26 15:01:02)