The Michael Jackson Estate has won an appeal that will allow them to pursue arbitration against HBO, for breaking a non-disparagement clause with the airing of ‘Leaving Neverland’.
Michael’s Estate has previously sued HBO for $100 million saying the documentary breaks a confidentially clause they had with them.
HBO later appealed, but now a panel of three judges of the 9th Circuit Court of Appeal has upheld a ruling by the lower court. The judges agreed that the lawsuit may be “frivolous” but have said that it needs to be decided now by an arbitrator. “The contract contained a broad arbitration clause that covers claims that HBO disparaged Jackson in violation of ongoing confidentiality obligations, “ the judges said. “We may only identify whether the parties agreed to arbitrate such claims. It is for the arbitrator to decide whether those claims are meritorious.”
This leaves HBO to appealing or taking the case to an arbitrator.