The Court of Appeals granted a victory on Monday Battle over Michael Jackson’s Estate 2019 HBO Documentary “Living Neverland” The late singer was accused of sexually abusing two boys.
The Jackson estate sued HBO for $ 100 million, arguing that the documentary violated the 27-year-old’s non-insulting norm from a concert film from a 1992 “dangerous” tour. HBO argued that this rule was irrelevant to the current controversy Accused Jackson Estate of trying to silence victims of sexual abuse.
Last year, a lower court granted the estate’s resolution to mediate the dispute, as provided by contract. HBO appealed, but on Monday the 9th round upheld the court’s decision under a three-judge panel of the Court of Appeal. The judges agreed that the case was “trivial”, as HBO had said, but said it would be up to an arbitrator to make that call.
“There is a broad arbitration in this agreement, which includes allegations that HBO defamed Jackson in violation of current secrecy obligations,” the panel ruled. “We can only identify whether the parties have agreed to such claims; the arbitrator must determine whether those claims are valid.”
Saying that the network never wanted to give a veto to Jackson and his heirs, the network never wanted to say anything about him. The network’s lawyer, Theodore Poutrus, argued that the 1992 agreement effectively expired once each party had fulfilled its obligations.
The panel – Circuit Justices Richard Pace and Lawrence Wandike and District Judge Karin Emercutt – rejected that argument.
“Even if the parties had completed the agreement several years ago, an arbitral tribunal could still bind the parties,” they ruled.
The decision of the Network Panel may be appealed to the entire 9th Round, or its argument may now be placed before an arbitrator.