Tag Archives: court case

Olivia de Havilland Update

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Dear readers, just as I was preparing to update you on the remaining days of the TCM Classic Film Festival (and my Show People intro), some pressing news found its way into my inbox. I have prided myself on bringing news on the Olivia de Havilland case to Backlots’ readers before the mainstream news outlets get it, but it looks like I’m going to have to up my game–Variety broke this before I did (though I did tweet about it first. I have a vicious competitive streak when I get going!) Regardless, here is the latest news on the Olivia de Havilland case.

This afternoon, Olivia de Havilland’s lawyers filed a petition with the California Supreme Court to review the decision of the appellate court, that upheld the anti-SLAPP motion filed by FX in de Havilland’s case against them. De Havilland’s counsel has noted that there was perhaps conflict of interest with the three judge panel that convened to review the case at the appellate court, and they hope that the California Supreme Court will give de Havilland the jury trial that she desires.

Shortly after the appellate court decision, de Havilland wrote from her home in Paris that “it is important that cases with merit be allowed to proceed to a jury trial. My case is about FX publishing false statements about me and using my name without consent. I, and other individuals in like circumstances, should not be denied our Constitutional right to trial by jury, as the trial judge ruled.”

I will be posting information soon regarding how Backlots readers can get involved, asking the court to accept the petition for review. Please stay tuned, and I’ll continue to bring you all the newest information as I learn it.

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Amici Curiae Briefs Filed in Olivia de Havilland Case

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As promised, readers, I’m here to provide another update on the Olivia de Havilland case. On Wednesday, a group of intellectual property professors applied to file an amicus curiae brief with the court in support of FX, and today, several more amici curiae briefs were filed, including one from SAG/AFTRA in support of de Havilland.

Amici curiae briefs (“friend of the court” briefs), as I understand them, are statements from third parties with nothing to gain, in support of one side of a court case. Courts can choose to take them under review or not, and I don’t know what the court will do here. But it does look like we may be looking at another delay.

To bring you up to speed on where we are in the process, here is the timeline of the case thus far:

March 2017Feud: Bette and Joan airs, which contained a portrayal of Olivia de Havilland by Catherine Zeta-Jones. FX did not consult with Olivia about the show or her character.

June 30, 2017: Olivia de Havilland sues FX on four counts–infringement of common law right of publicity, infringement of the California Civil Code on right of publicity, invasion of privacy, and unjust enrichment. Trial set to start November 27.

August 29, 2017: FX files an anti-SLAPP motion (an assertion that a case is frivolous and should be thrown out) for Judge Holly Kendig to consider. They assert that the case is based on protected First Amendment rights. In order to be successful, Olivia’s side will have to show a probability of prevailing should the case go to court.

September 29, 2017: Judge Kendig finds that despite the free speech protections that are afforded to FX, Olivia’s side has proven that they could be successful if they went to court. Free speech protections are not absolutes, and FX’s actions may not be protected under the umbrella of free speech. Trial remains set to start on November 27.

November 17, 2017: FX appeals the decision. The case now goes to the appellate court.

Early December to early January, 2017/2018: Statements and replies are filed.

January 24: Amicus curiae from intellectual property professors

January 26: More amici curiae from Netflix, EFF, and MPAA in support of FX, and SAG/AFTRA in support of Olivia de Havilland.

The case is getting heated, and it will be interesting to watch from now on. Regardless of the ultimate outcome, with her landmark 1944 De Havilland Decision behind her and this case in the works, Olivia de Havilland is now able to say that she has been attached to two significant entertainment law cases in her lifetime.

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