Academy of Motion Pictures Arts and Sciences v. Kim Boyer, as co-executor of the Estate of Beverly Lorraine Rogers; Virginia P. Casey, as co-executor of the Estate of Beverly Lorraine Rogers; Marian D. Stahl, as co-executor of the Estate of Beverly Lorraine Rogers
Published: Mar. 14, 2009 | Result Date: Dec. 15, 2008 | Filing Date: Jan. 1, 1900 |Case number: BC376722 Verdict – Liability only
Court
L.A. Superior Central
Attorneys
Plaintiff
Christopher Tayback
(Quinn, Emanuel, Urquhart & Sullivan, LLP)
David W. Quinto
(VidAngel Inc.)
Defendant
Experts
Defendant
Lloyd Cunningham
(technical)
Facts
In January 2007, Kim Boyer, Marian Stahl and Virginia Casey inherited three Oscar statuettes from Beverly Rogers. Two of the statuettes once belonged to Mary Pickford, which she received in 1930 and 1976. After the Academy of Motion Picture Arts and Sciences learned that the three women intended to sell Pickford's 1930 award, it filed suit alleging anticipatory breach of contract.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff asserted that Oscar statute recipients agreed to offer the statuette to the Academy prior to any sale. Further, although this practice did not begin until 1951, Pickford made this agreement in 1976. As such the agreement retroactively applied to her 1930 award.
DEFENDANTS' CONTENTIONS:
The defendants claimed that Rogers stated in her will that she wanted the award to be sold and that Pickford never signed the Academy's agreement.
Result
Plaintiff verdict. The jury found that the defendants were liable for anticipatory breach of the contract.
Deliberation
one hour
Poll
11-1
Length
two weeks
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