On Monday, December 14th, an appeals court determined Michael Jackson’s estate was corrected in fighting the allegations shown in the HBO documentary Leaving Neverland. His estate won the appeal against HBO.
What We Know:
- According to Variety Magazine, the documentary accused Michael Jackson of sexually abusing two young boys, Wade Robson and James Safechuck. The Jackson estate sued HBO for $100 million, arguing that the documentary violated a 27-year-old non-disparagement clause from a 1992 concert film from the Dangerous tour.
- After initially losing the court case, HBO decided to appeal the court’s decision and on December 14, the case was brought to a three-judge panel. The company argued that they had never intended to give the Jackson estate a vote in anything stated in the documentary. Network attorney, Theodore Boutrous, also argued that the 1992 contract had effectively expired once each side fulfilled its obligations.
- The panel rejected that argument and stated, “The contract contained a broad arbitration clause that covers claims that HBO disparaged Jackson in violation of ongoing confidentiality obligations and we may only identify whether the parties agreed to arbitrate such claims; it is for the arbitrator to decide whether those claims are meritorious.”
- The Michael Jackson estate attorney’s Jonathon Steinsapir and Howard Weitzman provided a statement that showed gratitude for the ruling. “The trial judge and now the Ninth Circuit Court of Appeals has unanimously rejected HBO’s arguments,” they said. “In the court’s own words, HBO agreed it would not make any disparaging remarks concerning Jackson. It’s time for HBO to answer for the violation of its obligations to Michael Jackson.”
Though the court has made this decision, HBO can still appeal the ruling to the full 9th circuit, to come once again in front of an arbitrator.
