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#53 von alpine110 18.08.04 09:58:03 Beitrag Nr.: 14.073.087 14073087
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samaha will in berufung... dann muss er minimum 150mio$ hinterlegen!
datum bei variety scheint nicht zu stimmen
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Judge affirms ruling; Samaha will appeal
Mon Aug 16, 9:19 PM ET
Online Staff, STAFF
A federal judge finalized a $77 million ruling against Franchise Pictures CEO Elie Samaha, but the defense believes the judge`s interpretation of the jury`s verdict sets the stage for an appeal.
U.S. District Court Judge Alicemarie Stotler said Samaha and his other production entities listed in the case are personally liable for $77 million that was awarded to Intertainment by a jury in June. In addition, Samaha was cited for $4 million in punitive damages.
Franchise will appeal the judgment, saying the ruling disregards the jury`s order that Samaha and Franchise`s entities are liable for " zero" damages.
" As the judge`s own decision indicates, substantial doubt exists regarding whether the jury intended to impose joint liability," said Franchise attorney Richard Schirtzer. " Mr. Samaha will appeal this ruling and we are confident it will be reversed by the Ninth Circuit."
Intertainment attorney Scott Edelman disagreed that the judge acted out of turn.
" This is a total vindication of Intertainment`s position, with joint and several liability against Samaha and all the production companies," Edelman said. " Intertainment is in a good position to enforce the judgment."
In her final order entered Tuesday, Stotler elaborated on her findings of liability between Samaha and his production entities. She found the jury intended to hold all the defendants responsible for the damages because it had found each had committed malice, fraud or oppression.
Stotler found it significant that the jury apportioned punitive damages specifically to Samaha once it was told of Franchise`s financial condition. She also found the evidence demonstrated Samaha was personally involved in the fraud.
She indicated the jury appeared confused by instructions on how to apportion damages, and a jurors` note suggested the panel thought the damages would be shared by all the defendants.
Since the June verdict, attention has focused on whether German distributor Intertainment would be able to collect the judgment because Franchise now is operating as a shell company without assets.
Intertainment`s long-running case against Franchise stems from a distribution deal under which the once high-flying German distributor was to provide 47% of the budgets of such films as " Get Carter" and " The Whole Nine Yards." Intertainment claimed it was defrauded into paying most of the costs on the films because it was presented with wildly inflated budgets.
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