Message board member Voronwe the Faithful has come through for us once again. He’s the first to report on the results of hearing on New Line’s Demurrer and Motion to Strike, held on June 24.
“Well, it looks like my take on the demurrer that New Line filed in the case filed against it by the Tolkien family and publisher was pretty darn accurate. The court sustained the demurrer with leave to amend within 20 days. The court explicitly held that the allegations in the Complaint support nothing more than a breach of contract cause of action. Assuming that the plaintiffs are unable to satisfactorily amend the complaint to assert new allegations that support the fraud and/or breach of fiduciary duty causes of action (a virtual impossibility), those causes of action are out, and New Line is protected from the possibility of an award of punitive damages.”
If you missed it, be sure to read the article Voronwe shared with us on Clearing up Misconceptions Regarding the Tolkien vs. New Line Lawsuit. And, as always, if you have opinions or concerns to share on the topic, be sure and check out the discussion underway on our message boards.
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Thanks to Board Member Elven for sending along this ‘News in Brief’ from the TimesOnline.co.uk:
In our report of the litigation between the Tolkien family and New Line Cinema, producers of The Lord of the Rings (May 25), we did not make it clear that Christopher Tolkien is suing as a trustee of the Tolkien Trust, a registered charity, and the JRR Tolkien 1967 Discretionary Settlement. It was another member of the family who referred to the action as “one last crusade”, not Mr Tolkien, and the hearing on June 6 was to fix a date for the eventual trial, not actually to halt Hollywood plans to film The Hobbit. We apologise to the trustees and Mr Tolkien for these errors.
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With the many rumors circulating about the Tolkien vs. New Line lawsuit and what impact it might have on The Hobbit, it’s easy to get confused about the facts. Lucky for TORn, Douglas C. Kane, a.k.a. Voronwe the Faithful from our message boards, an attorney who has been closely following the case, has crafted an outstanding primer of all things “Tolkien Lawsuit.”
“There has been a lot of misconception and misinformation swirling around regarding the lawsuit that has been filed by the Tolkien family against New Line. Media reports have claimed that it was a “last crusade” by Tolkien’s son Christopher to stop the upcoming Hobbit films. Some have gone so far as to report that the famously reclusive Christopher (who lives in France) was scheduled to appear in court this past week and that a judgment was going to be issued. These reports are untrue.”
Continue reading “Clearing up Misconceptions Regarding the Tolkien vs. New Line Lawsuit”
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Message board member Woodyend alerts us to an upcoming judgement in the case of Christopher Tolkien vs. New Line Cinema. The lawsuit claims the Tolkien family is owed £80m by New Line Cinema under a deal for a 7.5% share of profits that was signed in 1969. Here is an excerpt of what The Times Online reported back on May 25th:
“At a hearing on June 6 Christopher Tolkien will ask a Californian judge to back his claim that he can “terminate” film rights to The Hobbit. He is said to be furious with the New Line studio, which earned £3 billion from the Rings trilogy. Tolkien’s lawyers accuse New Line of “accounting chicanery”. Warner Bros, owner of New Line, declined to comment.”
Sounds like things could get heated! TORn will update Ringers on any developments as they come in to our email. For some great reporting and perspective on this story, check out our good friend Kristen Thompson’s ‘Frodo Franchise’ blog as well. [Times Online] [Frodo Franchise]
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Author Kristin Thompson writes: There has been a development in the lawsuit the Tolkien Trust filed against New Line Cinema in February. It’s not clear what it means, but I offer some suggestions on The Frodo Franchise. New Details on Tolkien Trust vs New Line Cinema
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TheOneRing.net reported here at the end of January that Guillermo del Toro was 99 percent sure to direct “The Hobbit”. Since then the Tolkien Estate filed a lawsuit against New Line Cinema (a copy of which can be found here) and the movie studio has been folded up and put in the pocket of its owner Warner Bros. and its bigger parent Time Warner Inc.
After all the speculation and angst, the director of two “Hellboy” films (the second set for a July 11 release) still seems to be the top choice for director and despite the legal uncertainty, the quiet movements by the key players seem to suggest the film will still be made and sooner rather than later. So in this season of waiting, TORn was finally able to contact the fan-friendly director.
Continue reading “Guillermo del Toro reaches out to TORn”
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