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1) Hi guys sorry for the delay it's been a long day for me. Just wanted to give you a summary of how things unfolded given that only HBO spoke.
The judge started off by saying how interesting this case was. He then commented on.seeing Branca in court.
Basically made a joke about how he got older and he remembers him when he was a lawyer who told him he wanted to do entertainment law. Back to the case he says maybe he shouldn't have initiated the anti slapp for HBO but now he must do something quickly.
HBO starts saying this case was about a lawsuit that's a red herring on estates part and that its a strategic lawsuit against telling the world about the allegations and the anti slapp should be able to stop this lawsuit from chilling speech.
The judge asks didnt this just win an Emmy? This is my opinion but I felt that HBO completely misread that comment. They answer the judge by saying oh yes your honor it did and we are glad you brought that up as he tried to make the Emmy win lend credibility to it somehow.
HBO then says this case is not a traditional petition of arbitration and gives an example the judge interrupts by saying the statement is ironic and it's contradictory. They both go back and forth and judge says how anti slapp may not work in this case.
HBO try to convince him otherwise. They continue by saying we recognize the strong policy on arbitration yet they argued for disparagement and only mention arbitration on page 19. He seemed stuck on this point and judge picked up on this.
The judge says maybe that it didn't involve this but that is the basis it has moved to with the breach of confidentiality and there is an arbitration petition even if you think there isint a basis. HBO then says the estate think they have a right to arbitrate but they don't.
Judge calls their statement ironic. HBO say they are filing this lawsuit and want public arbitration. HBO missing judges point. They site a case again saying it should be stricken with anti slapp. Site protected activity attacked speec +that while HBO can fight back others cnt.
Judge tells HBO I cnt do what you want me to do. HBO then says the harm is the lawsuit it sends a message of we are going to sue you. Judge calls HBO a Titan and not a small side show business. Calls both of them clash of titans. The non disparagement is there.
Judge continues you breached a contract and they want an arbitrator. he says this is an issue for state law. He asked HBO is it state law or federal law? Almost like testing them.They reply Federal and judge said well you lose. HBO tried to tell judge lets keep this case going..
They then said well your ruling against us so we will let an arbiter rule. Judge said I have said what I said and will give my official reply either tomorrow or Sept 30. So basically it' verbally went tot us but we have to wait for the official paperwork.
This is the first step we still have awile to go. It's also getting the process going. I felt like the Emmy backfired and may have actually helped the esteem on some level you guys. Just the tone and facial expression on the judges face just a feeling.
Pls feel free to contact me if you have questions I'll try and answer them as best as I can .😘
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