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Bit Parts

By Stan Soocher
September 01, 2006

Estate Planning/Undue Influence Claim. The Court of Appeals of Washington, Division One, affirmed a trial court finding that Janie Hendrix, adopted sister of legendary guitarist Jimi Hendrix, rebutted a presumption of undue influence on father Al Hendrix providing only one Jimi Hen-drix gold record for his son Leon in Al's will. In re Estate of Hendrix, 55711-4-I. After explaining the evolution of a complex series of wills, trust, litigations and antagonistic relationships, the court of appeal emphasized: 'In many situations, a will disinheriting a testator's child could be considered unnatural, but Janie presented substantial evidence to demonstrate that Al's will was natural under the unique circumstances of the Hendrix family. ' [In addition, t]here is evidence in the record that Al met with his estate planning attorneys alone many times, and the attorneys explained the estate plan to Al numerous times. Al signed his will on videotape, acknowledging that he was not leaving a bequest to Leon other than Jimi's gold record and that he was very satisfied with his will. Janie was not present during this signing and had not been present during most of the will drafting meetings.' ' TV-Series Sequels/Forum Non Conveniens. The U.S. District Court for the Southern District Court granted a defense motion to dismiss on grounds of forum non conveniens a suit over the plaintiffs' claimed U.S. rights in the Russian TV series 'Menty.' Overseas Media Inc. v. Skvortsov, 04 Civ. 5133 (RJH). The plaintiffs had tried to block the sale or broadcast of the defendant's alleged unauthorized series sequel. But the district noted in part: 'While there is little to indicate raw forum-shopping on the part of plaintiffs here (particularly considering one is New York-based), the Court does find that the inconvenience of this forum is quite clear. Already, the Court has dismissed one Russian defendant from this action as outside this Court's personal jurisdiction, no party disputes that ownership to the rights in question turn on the force and meaning of contracts entered in Russia under Russian law, and no witnesses or evidence with respect to the central dispute over the right to produce this sequel series may be found in this forum.'

 

Upcoming Events

American Bar Association Annual Forum on the Entertainment and Sports Industries, Los Angeles, Oct. 12-14. For further information: 312-988-5666; www.abanet.org/forums/entsports. ' Texas Bar 16th Annual Entertainment Law Institute, Austin, Oct. 20-21. For further information: 800-204-2222 ext. 1574 or 512-427-1574; www.texasbarcle.com.

Estate Planning/Undue Influence Claim. The Court of Appeals of Washington, Division One, affirmed a trial court finding that Janie Hendrix, adopted sister of legendary guitarist Jimi Hendrix, rebutted a presumption of undue influence on father Al Hendrix providing only one Jimi Hen-drix gold record for his son Leon in Al's will. In re Estate of Hendrix, 55711-4-I. After explaining the evolution of a complex series of wills, trust, litigations and antagonistic relationships, the court of appeal emphasized: 'In many situations, a will disinheriting a testator's child could be considered unnatural, but Janie presented substantial evidence to demonstrate that Al's will was natural under the unique circumstances of the Hendrix family. ' [In addition, t]here is evidence in the record that Al met with his estate planning attorneys alone many times, and the attorneys explained the estate plan to Al numerous times. Al signed his will on videotape, acknowledging that he was not leaving a bequest to Leon other than Jimi's gold record and that he was very satisfied with his will. Janie was not present during this signing and had not been present during most of the will drafting meetings.' ' TV-Series Sequels/Forum Non Conveniens. The U.S. District Court for the Southern District Court granted a defense motion to dismiss on grounds of forum non conveniens a suit over the plaintiffs' claimed U.S. rights in the Russian TV series 'Menty.' Overseas Media Inc. v. Skvortsov, 04 Civ. 5133 (RJH). The plaintiffs had tried to block the sale or broadcast of the defendant's alleged unauthorized series sequel. But the district noted in part: 'While there is little to indicate raw forum-shopping on the part of plaintiffs here (particularly considering one is New York-based), the Court does find that the inconvenience of this forum is quite clear. Already, the Court has dismissed one Russian defendant from this action as outside this Court's personal jurisdiction, no party disputes that ownership to the rights in question turn on the force and meaning of contracts entered in Russia under Russian law, and no witnesses or evidence with respect to the central dispute over the right to produce this sequel series may be found in this forum.'

 

Upcoming Events

American Bar Association Annual Forum on the Entertainment and Sports Industries, Los Angeles, Oct. 12-14. For further information: 312-988-5666; www.abanet.org/forums/entsports. ' Texas Bar 16th Annual Entertainment Law Institute, Austin, Oct. 20-21. For further information: 800-204-2222 ext. 1574 or 512-427-1574; www.texasbarcle.com.

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