Michael Cieply's report on the latest salvos in the Watchmen mess contains only one item of real interest... unless you have no interest in the simple legal reality that "you shoulda known" is no defense of an abuse of contractual rights.
"Fox, moreover, was paid $320,000 by one of Mr. Gordon’s companies for rights to “Watchmen” as early as 1991, Warner lawyers said in the report. Fox has said that agreement was superseded by a later deal, under which Mr. Gordon was supposed to deliver a much larger buyout price that has never been paid."
Right there is the entire case. Either $320,000 was paid as prescribed... or not. Either more is due... or not. Simple.
Neither company is asking to go to a trial on any of this before the release date of the film... which continues to suggest that the request for an injunction is just a power game. However, that doesn't mean it won't be granted.
Once the judge decides - he may have already - whether Fox is owed money or not, he might grant the injunction just to move the settlement along... but more likely, he will tell the lawyers, in chambers, to settle the damned thing before he settles it for them. If he agrees that Fox was paid $320k and they deserve another $320k, he will hint and suggest that WB should pay and that Fox should take a small win. If he feels they have been aggrieved beyond this, he will indicate that Fox better settle it or their movie might get stopped and he'll give for Fox their percentage against net (which has been in every document that I have ever read on this case, from the very first quitclaim on, so I don't know what Cieply left that detail out).
This is not a complex case. Really. Judge Judy could have it done in under 30 minutes. She would either *** out Fox for knowing and not saying anything before awarding them the full amount and a share of the profits or she would yell at Warners for not being more careful before handing Fox their interest payment and maybe legal fees and throwing them out. And as silly as that sounds, it's pretty much what's going on here. Either the pawn ticket was paid or Gordon/WB/Par threw a 20 on the counter, grabbed the property that was once theirs, and ran off with it, hoping not to be chased.
Read the complete post at http://www.mcnblogs.com/thehotblog/archives/2008/08/the_watchmen_me.html