Court Rules Tolkien Heirs Cannot Seek Punitive Damages Against New Line
Trying to follow the lengthy legal entanglements between parties over beloved properties is never fun or easy. Just as you forget about a lingering case, it re-enters the headlines. Such is the case with the court ruling this week that J.R.R. Tolkien’s estate can not seek punitive damages from New Line Cinema over profits earned by the Lord of the Rings trilogy.
According to the AP story, “New Line’s attorneys successfully argued that Tolkien’s heirs had to demonstrate a ‘public wrong’ under New York law – which governs the contracts – to claim punitive damages if they win at trial. Jones ruled that the heirs’ grievance ‘is clearly seeking to vindicate private wrongs’.”
The laws suit continues to move toward its October 2009 trial date as the estate is suing for $150 million in compensatory damages in a breach of contract suit. Los Angeles Superior Court Judge Ann I. Jones ruled this week that the plaintiffs have established a legal basis for the fraud claim against the studio which is a part of Time Warner.
Among the claims are that millions in profits were funneled into an advertising expense line and offices built in New Zealand for production of the Lord of the Rings trilogy have subsequently been used for other studio projects.
The estate claims they have yet to see money despite the trilogy earning some $6 billion. As a result, they are seeking the court to order the currently planned two film adaptation of The Hobbit to be halted.

ComicMix’s own Matt Raub has been selected as one of the eight contestants to participate in next week’s Netflix Movie Watching World Championship. The October 2-7 event will be seen by Manhattanites in the Times Square area.
Don Wilder the writer for the Crock comic strip, died this morning at age 74 reports

Director Guillermo del Toro has signed with HarperCollins imprint William Morrow for a trilogy of vampire novels which he will cowrite with Chuck Hogan. The Stain, kicking off the event, will be released next summer.
So word is out that Comedy Central’s Stephen Colbert, host of the Colbert Report, is going to be teaming up with New York’s most famous web-slinging vigilante in the upcoming Amazing Spider-Man #573, written by Mark Waid (Kingdom Come) and illustrated by Patrick Olliffe (Spider-Girl). In the Marvel Universe, Colbert is running for President of the U.S. and no doubt this will come into play in the eight-page adventure. It would certainly be in keeping with the atmosphere of several comics these days, such as DC’s True Decisions mini-series which features the JLA acting as security for presidential candidates and the most recent Captain America arc in which the Red Skull attempted to sway the election for his own purposes.
The Superest
The Hollywood Post Alliance Awards announced the nominees for the third annual award presentation for excellent in post production work. Iron Man and The Dark Knight among other genre films received multiple nominations. The HPA Awards will be presented Nov. 6 at the Skirball Cultural Center.Nominees for the HPA Awards include:
Outstanding Editing – Television
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