I'm wondering why CBS is asking for a jury trial?
As
Maurice speculated upthread, to set legal precedent when it comes to fan productions and their crowdfunding.
I saw that but forgot about it, thanks. This is a long thread.
Still, I wonder if CBS thinks a jury will award more damages than if they just ask for summary judgment. I have no knowledge of the law or courtroom procedure, so maybe someone who does will chime in.
These are a couple of confused terms - I'll do my best to explain.
Summary judgment would be a motion and it would mean Peters,
et al have no defense at all. E. g. if there was a suit for a tort requiring 3 elements, and all 3 were conclusively met and conceded by the defense, you'd move for summary judgment. Law firms will do that for things like a rear-ender case. There aren't a lot of defenses to those, although there are some, e. g. if the lead car stopped short.
Demanding a
jury trial doesn't necessarily mean one would even happen. It can be a lot of posturing more than anything else. Why would CBS/Paramount want a jury trial in the first place? Hard to say. Keep in mind, it's been a while since I practiced law, and it was New York anyway, but generally we were going for juror sympathy and/or we weren't thrilled with the assigned judge. I worked for an insurance company and there tend to not be a lot of people who are automatically sympathetic to such corporations.
But in the Hollywood area, CBS/Paramount are large employers. The jury pool would presumably (assuming this case got anywhere near that, and the odds don't favor that) be loaded with people attached to the industry. They can't all be stricken from the pool for cause, and the number of peremptory challenges is always limited. Hence some people in the industry would potentially end up judging the matter.
They are probably not going to take too kindly to a guy who CBS/Paramount will likely paint as a grabber of the little guy's money, a maker of false promises, and a person with little to no regard for an artist's product.
I'd say requesting a jury trial could be a smart move by CBS/Paramount. Plus it also does so before Peters,
et al could do so and claim some dubious form of the moral high ground. This dubious moral high ground is also being claimed by Peters, etc. claiming the fans are indirectly being sued.
We aren't. My home, livelihood, property, and reputation are not at stake here. Peters's are.
)
