Jury Awards Steinbeck Heir $13M Over Film Deal Shenanigans

Jury Awards Steinbeck Heir $13M Over Film Deal Shenanigans

By Daniel Siegal

Law360, Los Angeles (September 5, 2017, 11:17 PM EDT) -- A California federal jury found late Tuesday that John Steinbeck’s daughter-in-law intentionally lied about her stake in the late author’s works to sabotage movie deals for “The Grapes of Wrath” and “East of Eden” arranged by Steinbeck’s stepdaughter, and awarded the stepdaughter $13.15 million, including punitive damages. 
After only a few hours of deliberation following a weeklong trial in downtown Los Angeles, the jury returned on Tuesday evening with a verdict in favor of Waverly Scott Kaffaga, the daughter of Steinbeck’s late wife, Elaine Anderson Steinbeck, on her claims against Gail Knight Steinbeck — widow of the famous author’s late son Thomas Steinbeck — and her company The Palladin Group Inc.

U.S. District Judge Terry Hatter had ruled before the trial that the defendants had breached a 1983 royalty agreement between Steinbeck’s heirs and were liable for slander of title. On Tuesday, the jury additionally found that the defendants were liable for intentionally interfering with Kaffaga’s efforts to broker deals to bring Steinbeck’s works to the screen, and for driving down the value of the Steinbeck catalog as a whole.

The jury awarded Kaffaga $5.25 million in compensatory damages, and hit Gail Steinbeck and Palladin with $7.9 million in punitive damages.

Kaffaga, in a statement on Tuesday evening, thanked the jury, and said she was pleased that the verdict recognized that control of Steinbeck’s works rests with her late mother’s estate.

"The outcome upholds the estate's mission of sharing his legacy with the world,” she said.

Gail Steinbeck told Law360 on Tuesday that her late husband’s illness and death in 2016 hobbled her ability to properly defend the case, especially during the summary judgment proceedings before the trial.

"It's a real disappointment because we never got an opportunity to present a case, a defense,” she said. “I feel comfortable that the Ninth Circuit will correct it.”

During closing arguments earlier in the day Tuesday, Kaffaga attorney Susan J. Kohlmann of Jenner & Block LLP told the jury that Kaffaga was simply trying to carry out her mother’s wish to share Steinbeck’s works with the world, but that the defendants “have made that all but impossible.” According to Kohlmann, Gail Steinbeck had contacted the studios involved in the “The Grapes of Wrath” and “East of Eden”deals and falsely represented that her approval was needed for the use of Steinbeck's works.

Kohlmann said the defendants' interference with Kaffaga’s effort to arrange a new film version of “East of Eden” by Universal Studios Inc. and Imagine Entertainment caused Universal to walk away for fear of getting drawn into a legal battle, even though actress Jennifer Lawrence had already agreed to star in the film.

With “The Grapes of Wrath” project with DreamWorks Studios, Gail Steinbeck negotiated a confidential “side deal” for her husband that cut into the potential revenue that would have been distributed to Elaine Steinbeck’s estate, Kohlmann argued.

Matthew I. Berger of the Matthew I. Berger Law Group, representing Gail Steinbeck, argued that the only thing Kaffaga’s case has in common with the two famous stories is “all three are works of fiction.”

Berger argued that there are countless reasons why movie deals fall apart, and countless reasons why, even when consummated, they might not generate any profits, and said it was “highly speculative” to award any damages based on how the “East of Eden” movie might have done, and that there wasn’t any evidence that Kaffaga would have been paid more had his client not gotten involved in the “Grapes of Wrath” project.

Kaffaga — representing her mother’s estate — filed suit in 2014, in the latest skirmish in a decadeslong dispute over who has the right to negotiate and sign licensing deals and other contracts with respect to John Steinbeck’s 36 books and other written works.

When the author died in 1968, he left the income stream for certain of his works that he had copyrighted during his lifetime to his then-wife Elaine Steinbeck. However, other works that were not yet up for copyright renewal during his lifetime — the so-called later Steinbeck works — provided entitlement to royalty payments to his two children, Thomas and John Steinbeck IV, in addition to Elaine, according to Kaffaga's suit.

In 1974, Elaine, Thomas and John IV began negotiating a royalty agreement pertaining to those later works, though a resolution wasn’t reached until 1983.

In 2003, Elaine died and left her interest in the Steinbeck works to Kaffaga. Around the same time, some of the author's works became eligible for copyright renewal, and the Steinbeck children became involved in a lengthy legal battle with publishers over a renewal agreement Elaine had supposedly signed without their knowledge in 1994.

The Second Circuit eventually ruled that the Steinbeck children could not terminate the rights Elaine held, and the U.S. Supreme Court declined to get involved, leaving the ruling in place. However, the Steinbecks asserted in their coverage complaint that the Second Circuit’s decision only applied to written works, and never touched on the subject of film or stage rights.

Waverly Scott Kaffaga is represented by Susan J. Kohlmann, Alison I. Stein and Andrew J. Thomas of Jenner & Block LLP.

The Thomas Steinbeck defendants are represented by Matthew I. Berger and Robert M. Graham of the Matthew I. Berger Law Group.

The case is Waverly Scott Kaffaga v. Thomas Steinbeck et al., case number 2:14-cv-08699, in the U.S. District Court for the Central District of California.

--Additional reporting by Bonnie Eslinger. Editing by Bruce Goldman.

Correction: An earlier story misstated the punitive damages awards. The error has been corrected.

Infographic: How Oil gets to Ireland

from www.jonesoil.ie

2010 MLB Arbitration Decisions Summary

By Ben Nicholson-Smith

Type A relievers Frank Francisco and Jason Frasor were the only ranked free agents to accept their teams' offers of arbitration yesterday. Here's what we learned from last night's decisions:

The Facts

• 12 of 14 Type A free agents turned down arbitration (86%).
• 21 of 21 Type B free agents turned down arbitration (100%).
• In total, 33 of 35 ranked free agents turned down arbitration (94%).
• If you haven't done so already, click here for an explanation of how free agent compensation works, click here to check out our arbitration offer tracker and click here to read what we learned about the offers themselves.

What This Says About The Market

• It says teams are willing to spend and players know it. Players see lots of multiyear deals on the open market and are seeking long-term commitments instead of the security of a deal through the arbitration process.
• Though the market's generally good, Type A relievers still have a hard time convincing teams to surrender draft picks for them. Type A setup men like Juan Cruz have had trouble landing contracts in recent years, so Frasor and Francisco chose the security of their teams' offers.
• But one Type A setup man is taking his chances in free agency. Grant Balfour declined arbitration and told Marc Topkin of the St. Petersburg Times that he's confident his Type A status won't prevent him from signing a multi-year deal.

What To Expect In 2010 And 2011

• The supplementary first round will be longer than usual in 2011, a strong draft year.
• Some teams could be drafting early and often next June. The Padres and White Sox could gain three picks, the Twins could add four and the Red Sox and Blue Jays could pick up five extra selections apiece. The real winners could be the Rays, who stand to pick up as many as ten extra draft choices next year.

aquaman ko'd by BP

Nasdaq to cancel all trades for May 6th, from 2:40 pm to 3 pm

(Reuters) - Nasdaq Operations said it will cancel all trades executed between 2:40 p.m. to 3 p.m. showing a rise or fall of more than 60 percent from the last trade in that security at 2:40 p.m or immediately prior.

Nasdaq said the stocks affected and break points will be disseminated soon.

Breaking news: Plane carrying Poland’s president crashes in Russia

Breaking news: Plane carrying Poland’s president crashes in Russia

The 9 Hours Capsule Hotel + Ecole hôtelière de Lausanne

The 9 Hours is the brand new capsule hotel unveiled in December 2009 by Tokyo-based Cubic Corp. Designed in a collaboration with designer Fumie Shibata of Design Studio S, it looks nothing like its predecessors and represents a revolution in the capsule concept. Gabriel Leigh visits the hotel to see what's different.

What makes a great hotel manager? Who is shaping the future of hospitality? Monocle visits the famous Ecole hôtelière de Lausanne to observe the service stars of tomorrow as they are put through their paces.

Wallpaper* Design Awards 2010: winners

check out the rest of the winners in more 2010 Wallpaper* winners

Click above image to enlarge
Life-enhancer of the year: The High Line, by Friends of the High Line, James Corner Field Operations and Diller Scofido + Renfro (Image via Wallpaper*)


Click above image to enlarge
Best new private house: Paraty House, Costa Verde, Brazil, by Marcio Kogan (Image via Wallpaper*)


Click above image to enlarge
Best new restaurant: Kaa, Sao Paulo, Brazil, by Studio Arthur Casas (Image via Wallpaper*)


Click above image to enlarge
Best new hotel: Habita MTY, Monterrey, Mexico, by Joseph Dirand and Landa Arquitectos (Image via Wallpaper*)


Click above image to enlarge
Best new public building: Koncerthuset, Copenhagen, Denmark, by Atelier Jean Nouvel (Image via Wallpaper*)

Hugo Chavez is shooting the clouds

CARACAS, Venezuela - Hugo Chavez says he is starting to "bombard" clouds now that Cuba has provided Venezuela with cloud-seeding help in an effort to produce rain and alleviate the effects of a severe drought.

The Venezuelan president said Saturday night that specialized equipment, sent by Fidel Castro and Cuban President Raul Castro, is starting to be used to seed clouds from planes.

"We're bombarding clouds," Chavez said during a televised speech. "We have some planes there, and some equipment that Fidel and Raul sent us."

Story continues below ↓

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‘I’ll hurl a lightning bolt at it’
Chavez is trying to squeeze more rain from the clouds as his country heads into its dry season amid a drought that has put reservoirs at their lowest levels in decades. The lack of water behind hydroelectric dams that supply most of Venezuela's electricity is threatening to worsen blackouts that have already become an emerging political liability.

Chavez suggested he wants to witness the cloud-seeding effort, saying: "Any cloud that comes in my way, I'll hurl a lightning bolt at it. Tonight I'm going out to bombard."

Cloud-seeding has been tried in various countries — including China, Australia and parts of the United States — in attempts to draw more moisture from storms, usually by releasing silver iodide particles into clouds. Chavez did not say what method Venezuela is using.

Controversial efforts
Such efforts to modify the weather are controversial, and critics question the effectiveness under many circumstances. But cloud-seeding is viewed as an option in some areas.

the rest of the story that you don't really need to read can be found here msnbc link. Chavez's situation could be chalked up to poor planning and the inability to deal with problems using even remotely realistic solutions.

Rumor: Microsoft in talks to buy EA

Reuters news link

NEW YORK, Sept 23 (Reuters) - Shares of Electronic Arts Inc (ERTS.O) jumped more than 4 percent to $19.36 on Wednesday on unsubstantiated talk that Microsoft Corp (MSFT.O) might be interested in buying the video game publisher, traders said.

"There's talk that Microsoft might be interested in acquiring Electronic Arts. It's unsubstantiated chatter, but it's out there," said Frederic Ruffy, options strategist at WhatsTrading.com in New York.

A London-based trader also cited similar talk as making rounds in Europe. Microsoft shares were up 0.9 percent at $26 on Nasdaq. (Reporting by Ellis Mnyandu; Editing by Theodore d'Afflisio)

Tron 2 is now Tron Legacy, and now the VFX trailer

you can watch the test footage in HD by clicking here

tron legacy: The New Lightcycle

DC Council Considers Banning Single-Slice Pizza

One of the more ridiculous legislations to be put up for vote: Washington DC is considering banning the sale of single slices of pizza. Yup, that’s right—a slice of cheese and pepperoni will no longer be available for purchase after a drunken night of bar hopping around Adams Morgan. The real issue at hand is a recent rash of street fights, stabbings, muggings, and even a shootout involving two plainclothes police officers.

Councilman Jim Graham is trying to combat the late-night wrongdoings by putting an end to the throngs of drunken folk scarfing pizza after hours at the city’s late-night slice joints. Clearly, banning pizza by the slice will end stabbings. I can’t believe they haven’t done this before!

DC is stupid.

IDEX: International Defense Exhibition 09

IDEX arms fair in Abu Dhabi is where armed forces and security services from nations all over the world go to see the latest in tanks and guns and put in their orders. In previous years Exhibitors came from the traditional western power block but China, Russia and Turkey are starting to challenge their dominance.

Mayor: Vancouver plagued by ‘brutal’ gang war

Host of 2010 Olympics has seen 29 shootings since late January

VANCOUVER, British Columbia - Gang violence is tarnishing the international reputation of Vancouver as it prepares to host the 2010 Winter Olympic Games, the city’s mayor said Friday.

“Vancouver has never been known for this, so in terms of our international reputation it is a problem, and we need to bear down and deal with it,” Mayor Gregor Robertson said during a news conference.

Police have blamed a hike in violence in part on a drug turf war spawned by a Mexican crackdown on drug cartels — local gangs battling over a dwindling supply of smuggled drugs reaching Canada from Mexico.

“As police, we’ve always been told by media experts to never say or admit that there is a gang war,” Vancouver police chief Jim Chu said Friday. “Well, let’s get serious. There is a gang war and it’s brutal.”

There have been 29 shootings in the Vancouver region since late January, 12 of them deadly, according to police.

“They appear all to be gang-related. Some of them still have question marks attached to them,” said Royal Canadian Mounted Police Supt. Pat Fogarty, head of the region’s gang task force.

Canadian Prime Minister Stephen Harper has said the increasing violence should not worry people planning to attend the 2010 Winter Olympic Games. Officials say a total of 15,000 police officers, private security and military personnel will be providing security for the games.

Local authorities say they stepped up actions to curb the gangs and their violence.

At a news conference Friday, police announced the latest in a series of gang arrests — two reputed leaders and three soldiers. They displayed an array of handguns, a bullet-proof vest and an assault rifle — all seized during the arrests. Five other gang arrests were announced earlier this week.

Chu said police strategy is to detain gang members on as many charges as possible.

“As long as it gets them off the street and into a jail cell, where innocent members of the public can’t be hurt, we’ll continue to pursue them this way,” Chu said.

break the Detroit Unions

Either let GM go bankrupt or break the unions.

One way or the other, it has to be done. Otherwise the D is going keep digging down instead of out.

Under Siege 3: what the world needs

don't tease the world Steven,

apparently Seagal has put a lot of thought into where his John McClane, the Navy Seal chef Casey Rybeck, is headed…

“I personally want it to be something more modern. [long pause] In other words, [long pause] I wouldn’t mind if it was about something more mystical or [five minute pause] maybe extraterrestrial in nature. Some real government top secrets instead of just the typical.” [365 day pause]

His proposal was caught on video. Reliably, the actor says there are offers on the table.

This would be hilarious and totally necessary.

China could end up owning the majority of US & UK financial systems

China could easily end up owning the lion’s share of the US and UK’s financial systems. - Inspired by Robert Peston, BBC Business Editor

With the collapses on Wall Street this week and signs in the United Kingdom pointing towards a housing market crisis as well, it appears that the U.S. and the U.K. have left the door open for other world economies to step in and take over the global economy. Peston reports: “It's a world in which the Chinese state, if it co-ordinated the investments of its cash-rich institutions, could end up owning more-or-less the entire financial system of the US and the UK.” It is conservative institutions, he says, and those with simpler business models with a history of careful management of their funding sources, which will become the new superpowers.

Aurora User Interface

Recently Adaptive Path presented a new browser concept which is being developed in partnership with Mozilla Labs. Aurora is an ongoing initiative to encourage designers and developers to contribute their own visions of the future for browsers and the Web.

The main goal of the concept is to represent users, places and virtual objects within a three-dimensional user interface (spatial view) while allowing for seamless interaction. Objects in Aurora's space aim to be intuitive and follow physical rules from daily life: users can grab, lift, pull, push and drop every feature seen on screen.

The interface is event-based as users and updates are displayed on the screen on demand; allowing for a fluid link between communication and collaboration in the browser space. Related objects are grouped into clusters which can be navigated using a dock at the bottom of the screen. The following video was released under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 license and is available on the Mozilla Labs site. Video Part 2, Video Part 3 [ via ].

Aurora (Part 1) from Adaptive Path on Vimeo.

DC tickets & tows Stolen Car, releases it to Thief, then sends Collection agency after owner

Steve Steinberg refused to pay a parking ticket issued after his car had been stolen, so the Washington, DC Department of Motor Vehicles sent a collections agency after him. Steinberg's car was stolen in September of 2006. After he reported the theft, Steinberg says, the DC police and DMV ticketed his car, towed it, then released it to the thief.

Despite having several opportunities to check the car's license plates, the only thing Steinberg got from the police was a $200 ticket for the parking violation the thief had committed. Steinberg sent letters to the police and DMV and informed them that his car had been stolen and he would not pay the ticket, so the DMV reported him to a collections agency.

What a shock! DC DMV are douchebags. On a side note, the sun rises in the east and sets in the west.

Ticketed While Stolen: Theft Victim Vows He'll Never Pay [WUSA9.com]