9th U.S. Circuit Court of Appeals,
Civil Litigation
Nov. 11, 2019
US judge puts arbitration on hold in HBO’s row with Michael Jackson’s estate
Entertainment network Home Box Office won its request to stay arbitration with the estate of pop singer Michael Jackson pending its appeal to the 9th U.S. Circuit Court of Appeals.
Entertainment network Home Box Office won its request to stay arbitration with the estate of pop singer Michael Jackson pending its appeal to the 9th U.S. Circuit Court of Appeals.
U.S. District Judge George H. Wu on Thursday granted the motion after attorneys for HBO appealed the judge's earlier ruling to compel, arguing the arbitration would cause irreparable harm to the network, court records show.
According to HBO's court filings, the estate's "demand to immediately arbitrate seeks to provide them a perpetual forum to attack HBO's speech about Michael Jackson and represents a serious threat to HBO's exercise of its free speech rights to continue to distribute an important, award-winning documentary like "Leaving Neverland.'" Optimum Productions v. Home Box Office, 19-56222 (9th Cir., filed Oct. 23, 2019).
The network also argued the estate's claim the network violated a non-disparagement clause from a 1992 contract when it produced and aired the documentary "Leaving Neverland" lacked merit.
The estate is seeking more than $100 million in damages and to force arbitration for the alleged damage caused "to the legacy of Michael Jackson and the businesses" associated with his]estate, according to court records. Optimum Productions v. Home Box Office, 19-CV01862 (C.D. Cal., filed Mar. 13, 2019).
-- Glenn Jeffers
Glenn Jeffers
glenn_jeffers@dailyjournal.com
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