HBO must participate in arbitration with the Estate of Michael Jackson over the Emmy-winning LeavingNeverland documentary
A federal judge in Los Angeles ruled on Friday that HBO must participate in arbitration with the Estate ofdocumentary. U.S. District Court Judge George H. Wu granted the request by Michael Jackson's estate requiring HBO be bound by a 1992 arbitration agreement rather than allowing the lawsuit to continue in the federal court system. While arbitration proceedings are usually private, Jackson's attorneys have made the unusual request of wanting to hold public arbitration.
The 1992 agreement stated that "HBO shall not make any disparaging remarks concerning [Michael Jackson] ... or do any act that may harm or disparage or cause to lower in esteem the reputation of [Jackson.]" In addition, the agreement contained a clause that all disputes regarding this agreement would be handled in arbitration. it reminded HBO about this 27-year-old agreement. HBO ignored Jackson's estate's request.
"No matter who wins or loses it's going to be taken up on appeal," he said. "It doesn't matter what I do." After Thursday’s hearing Jackson estate attorneys said they were already confident the judge would issue a ruling in their favor. "HBO has tried everything possible to avoid having a trier of fact adjudicate their wrongdoing," said Jackson estate attorneyof Freedman & Taitelman, LLP, in a statement after the hearing. "If HBO believes its actions were proper then there is no reason for them to try and hide behind procedural technicalities to avoid an arbitration or a trial.
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