What does the Seventh Amendment say again?

If James Madison has been alive, the American founding father could in all likelihood have a strong view on whether the creators, writers, and manufacturers of Home Improvement are entitled to have a jury listen to their claims of being denied a truthful share of internet profits earned by the collection. After all, Madison authored the Seventh Amendment of the U.S. Constitution, which presents the right to jury trials in certain forms of civil fits. In doing so, Madison stood as much as Federalists like Alexander Hamilton and John Adams concerned about juries being overly sympathetic to borrowers for the duration of publish-colonial rule where the gathering of taxes was needed.

This would possibly all sound like historical history, however echoes of the past due 18th Century debate are surely playing out as a 2013 income lawsuit against Disney ultimately receives closer to trial.

Wind Dancer Production Group and writer-producers Matt Williams, Carmen Finestra, Tam O’Shanter and David McFadzean are suing with the allegation that they have got been cheated from a display starring Tim Allen that has generated $1.Five billion for Disney. The case has moved slowly thanks to an “incontestability” clause inside the contract that required an objection inside a particular time frame to income participation statements. In a huge selection that bolstered many “Hollywood accounting” cases, a California appeals court docket in 2017 revived the lawsuit with a phrase that it become a triable problem as to whether or not Disney became averted from maintaining the incontestability clause because of such alleged behavior as delaying audits to save you a well-timed objection.



The case is now on the summary adjudication phase, and it’s viable that Los Angeles Superior Court Judge Amy Hogue may also remedy the whole thing herself faster in preference to later. Otherwise, the plaintiffs may head to trial — presently scheduled to begin on June 3 — with claims that include Disney breaching a written settlement by using licensing the collection in syndication in New York for nothing, packaging the series after which failing to allocate reasonable license prices, improperly charging a 40% distribution charge on simple cable sales and improperly treating subscription video-on-call for sales.

In court docket papers this week, the plaintiffs sooner or later recognized a damages target.

“Plaintiffs’ damages are an extra of $40 million, without interest,” write legal professionals at Robins Kaplan. “With admire to Plaintiffs’ accounting declare, it’s far vital to observe that after Plaintiffs filed their court cases, many of Plaintiffs’ audit claims were unquantified due to the fact Defendants refused to offer documents and facts to Plaintiffs’ auditors… Now, however, as a result of documents and facts obtained when you consider that they filed healthily and at some point of discovery, Plaintiffs were able to quantify the audit claims and intend to provide proof at trial of Plaintiffs’ damages.”

That might be a huge passage.

Although the Seventh Amendment ensures jury trials in civil suits, it’s one of the ultimate crucial amendments now not “incorporated” as a way to follow to states. Maybe the Supreme Court will one day address an exchange, but till then, Disney is free to argue in country court docket that as a rely on fairness in preference to a matter of regulation, a jury need not be convened. What’s the difference? An equitable claim often refers to performance with treatments that consist of injunctions, at the same time as criminal claims often call for economic damages. The distinction, but, is not always clean and has been the supply of full-size fights. Going lower back to the days of Hamilton and Madison, many Anti-Federalists aimed to avoid as an awful lot as possible the gadget of fairness generally utilized by English Courts. And considering the fact that then, plaintiffs commonly like to be in kingdom courtroom because judges and juries are viewed as greater plaintiff-friendly, but in doing so, they frequently ought to wrestle with that equity problem that may deny them a jury.

James Madison might not take care of Disney’s argument.

“The gist of these consolidated cases is equitable, and should be attempted to the bench,” writes O’Melveny legal professional Daniel Petrocelli. “As the very first paragraphs of Plaintiffs’ complaints make clear, the remaining trouble in these instances is whether or not Disney ‘failed to properly account to and pay Plaintiffs for his or her percentage of profits’ from the Series. Indeed, Plaintiffs readily concede that their claims cannot be adjudicated absent an accounting and that an ‘accounting is required to determine the number of sales derived from the distribution and exploitation of the Series a good way to confirm Plaintiffs’ proportion of such revenues.”

Au contraire, responds the other facet.

“The fundamental inquiries to be decided in those instances are what are the phrases of the parties’ agreements, did Defendants breach those terms, and what are the Plaintiffs’ damages,” states the plaintiffs’ short. “These are criminal, not equitable, troubles, and provide Plaintiffs the right to a jury trial.”

The Home Improvement creators say they have now been capable of quantify audit claims and have specialists equipped to testify about contractual interpretation.

Disney is “setting the cart earlier than the horse,” maintains the plaintiffs. “Resolution of the contract questions dictate whether an accounting is vital, no longer the opposite manner round… Plaintiffs will be searching for a sum sure at trial and do now not count on wanting an accounting. Yet, to the quantity an accounting can be wished, it can’t even be feasible till after the decision of the breach of contract claims.”

Leave a comment

Your email address will not be published. Required fields are marked *