Tag Archives: supreme court

Supreme Court Declines to Take Up Olivia de Havilland Case

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I received confirmation this morning from Olivia de Havilland’s counsel, Suzelle Smith, that the Supreme Court has declined to hear the case of Havilland v FX, Olivia de Havilland’s petition to the court to allow her case against FX to go to trial.

It is a disappointing decision, but de Havilland has fought an enormous battle, persevering until the very last recourse. That type of persistence is a quality that she has always had–and clearly continues to have at the age of 102. May we all learn from her, and may we all be so fortunate as to live to see the day when we can act on her example.

From the email this morning: “One day someone else who is wronged for the sake of Hollywood profits will have the courage to stand on the shoulders of Miss de Havilland and fight for the right to defend a good name and legacy against intentional, unconsented exploitation and falsehoods. Miss de Havilland hopes she will live to see the day when such justice is done.”

I want to thank all of you for following this case, and my coverage of it. It has been a true learning experience to do this kind of work, and to examine meticulously the inner workings of a lawsuit of this caliber has been an enormous privilege. While this outcome isn’t what we had hoped, the response to this case in the record number of letters sent to the courtrooms has proven that Olivia de Havilland continues to be loved and supported by people all over the world.

On behalf of myself, everyone involved in the case, all the newspaper and magazine outlets devotedly following the case since the beginning, Olivia de Havilland’s counsel, and everyone who has rooted for truth in media–thank you.

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Supreme Court to Decide Whether to Take Up Olivia de Havilland Case Today

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Hello readers, just a very quick update for those following the Olivia de Havilland case. Today, the Supreme Court is expected to decide whether or not they will take up her petition. If you would like to follow the case on the SCOTUS blog, here is the link to the petition page. I will update as more information becomes available.

For more information on what this petition is about, to fill in those new to the blog, here is a list of my full coverage on the case.

I will be following the page throughout the day to provide updates as they come in.

Thanks for reading, and for following this fascinating piece of legislation.

UPDATE: No order was released today on the Olivia de Havilland case–there will be additional orders released on Monday, January 7 and perhaps some on Tuesday.

Olivia de Havilland Case Will be Filed With Supreme Court Within the Next Week

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Hello dear readers, the month of September seemed to whiz by so quickly that Backlots went without an update. But here we are at the beginning of October and I’m here to report that we have movement on the Olivia de Havilland case. De Havilland’s lawyer, Suzelle Smith, has informed me that the petition will be filed with the Supreme Court in the next 7 days–probably Friday or Monday.

The reason for the delay (the petition was originally to be filed in September) is the fact that the Supreme Court asks for 40 copies of the brief and the appendix, all bound. This is a massive undertaking, and Smith is working diligently to meet the demands of submitting to the highest court in the country.

This naturally segues into the elephant in the room–if Brett Kavanaugh is confirmed to the Supreme Court, what will this mean for de Havilland’s case? The main takeaway is that Kavanaugh has tended to lean on the side of corporate interests. Not only is FX a big and powerful company, but it has the backing, financial and otherwise, of other big and powerful companies. De Havilland’s case is one of a private citizen versus staggering amounts of corporate money. Based on Kavanaugh’s judicial record on corporations alone (and not even taking into account the other issues that may factor into his decision-making), Kavanaugh would tip the scales against de Havilland, should the Supreme Court decide to take the case.

I will keep you posted as I hear more from Suzelle Smith, and I will update with what seem to be Olivia’s chances with the court after the final Senate vote on Kavanaugh.

Talk to you soon!

Olivia de Havilland Case Headed to the Supreme Court

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Armed with the rejection of the California Supreme Court in her case against FX, Olivia de Havilland is to file her case with the United States Supreme Court this September.

This is a huge undertaking, and while the SCOTUS only takes a small fraction of the thousands of cases filed with them every year, this one may be of special interest to them–it would be only the second right of publicity case ever filed with the court, and would seek to clarify the case of New York Times v Sullivan. That case established the standard of “actual malice” (publishing of information that is knowingly false or with reckless disregard for truth), and said that newspapers could not be sued for libel unless they had actual malice. Lawyer Suzelle Smith says “The issue for the SCOTUS is whether or not the First Amendment creates an absolute immunity from suit for publishers of docudramas or whether that format like all others is governed by the actual malice of New York Times v Sullivan.”

I have been following de Havilland’s suit closely since the beginning, and was a member of the press at the appellate court hearing in March. If the Supreme Court takes the case, I will go to Washington, D.C. and hear it. Backlots’ readers have been extremely interested in this suit and helped to set a record for the number of amicus letters sent in support of a case at the California Supreme Court (a whopping 90 letters). It has meant so much to me and I know it means a lot to Olivia and her legal team.

While the US Supreme Court does not accept amicus letters, Suzelle Smith tells me that the best thing that Backlots readers can do right now would be to go to the article where the filing was originally reported and leave supportive comments in the comment section. Here is the article, and I will continue to keep you posted as things progress.

On behalf of everyone involved, thank you for all you have done, and continue to do, to preserve integrity in docudramas dealing with living people.

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Olivia de Havilland Court Update: CA Supreme Court Denies Review

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Dear readers, I’ve been waiting to post about this until I got details from Olivia de Havilland’s lawyer regarding next steps, but a few days ago we got word that the California Supreme Court has declined to review de Havilland’s case against FX.

For those of us who have been advocating for her side, this comes as a blow. We don’t know how close the decision was–there was at least one justice, Justice Mariano Florentino Cuéllar, who voted to allow de Havilland to have her day in court. As judges are not required to publish their votes,  Justice Cuéllar’s is the only vote on record for either side.

We don’t know what, if anything, will happen next. The next step up in the legal system would be the Supreme Court of the United States. De Havilland’s team is weighing its options, but given the enormous pressure of being involved in a US Supreme Court case at the age of 102, this is not a decision to be taken lightly.

Regardless of what happens next, what has transpired in this case has been truly remarkable. When the case first went to the California Supreme Court, I posted an article outlining how to write an amicus curiae letter to the court in favor of de Havilland’s side. Thanks to all of you who sent your letters, 90 amicus curiae briefs were received by the court, a record-breaking number. In her email today addressing the outpouring of support, de Havilland’s lawyer wrote: “The fact that you collectively supported us and advocated for truth and fairness in the law was very important to our side.”

I have said and written from the beginning that no matter the outcome of the case, de Havilland wins. By simply putting pressure on corporate interests, showing them that civilians have the power to take them to task, she speaks truth to power and holds it accountable to the people. Since de Havilland filed her case, Ryan Murphy has shelved a season of American Crime Story about Monica Lewinsky, and the DVD release of Feud has been suspended. By daring to stand up, de Havilland has forced FX to back down and operate with more respect for facts and living people.

I will keep you posted about next steps, but in the meantime, may we all take a lesson from Olivia de Havilland–no matter how great our adversary, we cannot be intimidated by size or power. When we speak up and stand up, look the threat in the eye and assert our own presence, we see that maybe our biggest fears aren’t so big after all.

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