Lynne Cooper Harvey Writing Prize. The Court cannot say whether Harvey's alleged interference proximately caused Cooper's damages. The issue here is simpler than either party makes it out to be. It is easy to envision a scenario where Harvey has the right to "loop[] the tapes for continuous play before, during and after show performances" and Cooper has the right to "use the original tape and/or reproductions for display, publication, or other purposes." 154, Harvey MSJ 19-20. 13, Cooper Dep. 2, Cooper Aff. 163, Def. Cooper alleges that the behavior that supposedly constitutes breachAnderson's comments to Seamanoccurred in 2013, thus Texas's four-year statute of limitations on breach claims does preclude Cooper's cause of action here, and the Court turns to the claim's elements. for Injunctive Relief 3). Waiver is a question of law when the facts that are relevant to a party's relinquishment of an existing right are undisputed." 22). (internal quotation marks and citations omitted); see also Watkins v. Cornell Cos., Inc., 3:11-CV-0260, 2013 WL 1914713, at *7 (N.D. Tex. I know that I didn't feel good about things. 136, Order). Specifically, he points to the 1998 lawsuit, where Harvey admitted that Cooper did assert his purported right to sell, advertise, and mass produce videos from the contested footage. As to Cooper's substantive arguments, he contends that he and Harvey did, indeed, have a valid contract. 33-34, Cooper Dep. Because Cooper is a private citizen, the third and last element the Court must examine is whether Harvey acted with negligence regarding the truth of his statement. Prudential Ins. See Doc. 29, Second Am. 17. 165, Harvey Resp. Accordingly, it would be inappropriate for the Court to grant summary judgment in Harvey's favor on his misappropriation claim, given Cooper's defense. 3. Specifically, Cooper seeks a declaratory judgment establishing he and Harvey's rights to the contested video footage under the purported Video Contract. 154, Harvey MSJ 12-13 (citing Tex. App.Houston [14th Dist.] 48. 2016) (internal citations and quotation marks omitted). [t]hus, in the absence of citations to the appendix necessary to comply with Rule 7.2(e), the court will not consider the information included in the appendices."). 97; and (6) requests a permanent injunction, id. 163, Def. He has put forth no relevant summary judgment evidence. Cooper's father Brent played 432 games in the blue and white, setting the AFL games record in the process. The charge of sexual assault by restraint stems from an incident in . 62-2, Orig. to Pl. denied), which, according to Cooper, deal with attorneys' fees claims based on breach of contract; and (3) Gibbs v. Gibbs, 210 F.3d 491, 500 (5th Cir. App.Corpus Christi 1991, writ denied) (citations omitted); see also Aurora Nat. Cooper objects to the Court considering paragraphs eleven and sixteen of Harvey's affidavit. Id. Coinmach Corp. v. Aspenwood Apartment Corp., 417 S.W.3d 909, 923 (Tex. 161, Pl. Harvey also says that Cooper conceded that, though he believes Harvey allegedly breached their contract in 1998, he decided not to sue at that time. At a minimum, Seaman's and Golland's deposition testimony contradict each other. Martin v. Fed. 153, Def. The two disagree about how that suit was resolved, but this is irrelevant for the reasons discussed in Part III, infra. For the reasons discussed above, see Part III(B)(3)(iii)(a), the Court finds Cooper has adequately pled that (1) Harvey published a statement that was (2) defamatory to Cooper. 123, Def. Safari Club, Inc., No. 154, Harvey MSJ 20 (citing Doc. Oxford, England, United Kingdom. An extensive manhunt ensued, but the hijacker was never identified or caught, resulting in one of the greatest unsolved mysteries in U.S history. v. Fin. See Fed. 152, App. 152-1, Cooper App. See Doc. Other than by operation of law. Doc. "A contract may be the subject of an interference action even though it is unenforceable between the contracting parties. 402. 170, Def. Harvey, for his part, does not mention the YouTube incident in his Motion, but concedes that Anderson spoke to MVD's counsel, Michael Golland ("Golland")though Harvey insists Anderson never threatened legal action. 65-96, the following of which he now moves for summary judgment upon: (1) statute of limitations, id. Golland says Harvey's representatives told him that Harvey would likely take action to stop MVD from distributing the tapes should it partner with Cooper. 53-54 [hereinafter Harvey App. Looking at the two pieces of parol evidence Harvey has put forward, the Court finds that they do little to clarify Cooper's intent. filed), which articulates the test for tortious interference with prospective business relations slightly differently than the more-recent Coinmach Corp., 417 S.W.3d 909, which this Court cites. As a side note, Harvey argues that any potential agreement between MVD and Cooper would have constituted an unenforceable, void agreement to commit copyright infringement. 151, Cooper MSJ 1-2 (internal quotation marks omitted). . Co. v. S. Vanguard Ins. Code 16.003, with id. Id. Her husband, the late Paul Harvey, was a radio broadcaster for the ABC Radio Networks. . You'll also receive official club events! Doc. While Harvey contests most of this tort's other elements, he does not address this one. "A misappropriation claim includes the following three elements: (i) that the defendant appropriated the plaintiff's name or likeness for the value associated with it, and not in an incidental manner or for a newsworthy purpose; (ii) that the plaintiff can be identified from the publication; and (iii) that there was some advantage or benefit to the defendant." Further, even if the statute of frauds did cover the purported agreement, Cooper has put forth a written document memorializing it, albeit one accompanied by genuine issues of material fact. . R. Evid. 1998) (citation omitted). Id. 's Objs. Lori Harvey Charged in Hit and Run Case Resulting in G-Wagon Flipping . Sept. 29, 1994, writ dism'd w.o.j.) denied)). 163, Def. (citing Reagan v. Guardian Life Ins. . Harvey moves for summary judgment upon Cooper's request on grounds that Cooper is not entitled to such relief because he already sought it, and the Court already denied it. Thus, the Court will consider this portion of Harvey's affidavit. Co., 749 S.W.2d 762, 767 (Tex.1988)); Super Future Equities, Inc. v. Wells Fargo Bank Minn., N.A., 553 F. Supp. LOS ANGELES (AP) A Los Angeles judge on Thursday sentenced Harvey Weinstein to 16 more years in prison after a jury convicted him of the rape and sexual assault of an Italian actor and model . The comments below have not been moderated, By Id. To show he was justified in interfering with Cooper's negotiations, Harvey points to his own affidavit, arguing that any contact with MVD was "merely to protect his exclusive copyright interests" in the tapes, and that Cooper cannot show that Harvey did not have a legal right to assert these purported rights. The 14-year-old alleged victim . 19 (citing Doc. & App. Summ. For support, he points to the contract's language, arguing that, because it is unambiguous, the Court may not consider parol evidence such as Cooper's deposition or any of the surrounding discussions between the parties. (citing Doc. and Appl. Therefore, the Court DENIES Harvey's Motion for Summary Judgment on Cooper's breach of contract claim. Rather, he entered into a temporary restraining order, in which he agreed not to: Harvey objects to the Court considering this evidence based on the fact that it is hearsay, irrelevant, and unduly prejudicial. The substantive law governing a matter determines which facts are material to a case. . i. 154, Harvey MSJ 20 (citing Doc. 117); (3) Cooper's Motion to Dismiss Harvey's Amended Complaint (counterclaims) (Doc. Compare Tex. But the non-movant must produce more than "some metaphysical doubt as to the material facts." 8. 19:21-20:10), and (3) made clear that Harvey's counsel never threatened to sue MVD, despite Cooper's allegations to the contrary, id. 3:14-CV-4152-B (N.D. Tex. He says he retained Cooper to record performances "as promotional material for internal use, to do some advertising, and for study purposes," and that he "never . At face value, one might interpret this as a concession from Cooper that Harvey never gave him any rights to the tape. Doc. Code 26.01. 58, (6) attorneys' fees, id. Prac. 156-1, Harvey App. Thus, the Court will consider it. of Def. 's Br. He does not, however, specify what conduct he wants this Court to enjoin. Despite arriving at the club as a lateselection, Harvey looked right at home alongside the other big 2022 AFL Draft names like Will Ashcroft, Elijah Tsatas, and now teammate Harry Sheezel. 13, Cooper Dep. 154, Harvey MSJ 9 (citing Doc. 154, Harvey MSJ 7. at 13 (citing Doc. 59:7-9). Doc. In the January incident, in which she's been . 4, Harvey Aff. While this document is, indeed, an unsworn pleading, inadmissible for summary judgment purposes, the Court's analysis turns on the Video Contract and Harvey's statements. Rather, this was a "work for hire" arrangement: Cooper produced videos, but Harvey owned all rights to the underlying performances, demonstrated, he says, by the fact that Cooper himself "testified that he negotiated a price with Harvey for the videotaping services . The First Basis for Independently Tortious Conduct: Business Disparagement. As a preliminary matter, Harvey argues that Texas's four-year statute of limitations bars this cause of action entirely. . 's Req. at 11-12. He fought back and the charges were dropped. 701. 9); (3) the Court's order granting in part and denying in part Harvey's original and now moot Motion to Dismiss (Doc. Doc. As a preliminary issue, the Court notes that Harvey did not cede his copyrights in the tapes to Cooper in the Agreed Order. In addition to moving for summary judgment on Cooper's claims and his own affirmative defenses, Harvey asks this Court to grant summary judgment in his favor on his misappropriation counterclaim. See generally Doc. Make your practice more effective and efficient with Casetexts legal research suite. . R. Evid. . Harvey responded by offering a number of affirmative defenses, Doc. 154, Harvey MSJ 14. 162, Cooper Resp. 35:15-36:4). Nathan Cooper, 53, was charged with murder and other firearm-related felonies in connection to the death of his girlfriend, according to the Boston Globe.Authorities in Providence, Rhode Island, said investigators discovered the body of Sherbert "Strawberry . Though Cooper objects to a portion of paragraph twenty-two of Harvey's affidavit, he does not object to the relevant language"Any arrangement that [MVD] had with . 156, Harvey App. Earlier that day, an injured Cooper's Hawk found himself a safe space to wait out the storminside a Lone Star taxicab. 151, Cooper MSJ 14. See id. but this does not affect the interest charged on the finance agreement, which is set by the lender. Doc. According to Cooper, Harvey's venue, the Comedy House, was struggling in early 1993, so he approached Cooper to tape performances there to help promote the venue. at 59:1-6 (emphasis added). . Id. Cooper does not deny any of the above, but points to section 29 of the Restatement (Third) of Unfair Competition, which states that: The Court cites a greater portion of the Restatement here than Cooper does. 162, Cooper Resp. . Answer, Defs. On the afternoon of November 24, 1971, a nondescript man calling himself Dan Cooper approached the counter of Northwest Orient Airlines in Portland, Oregon. When it did so, the Court also denied Cooper's requests for a preliminary injunction and declaratory judgment establishing his rights to market, distribute, and sell tapes of the performances in question; denied Cooper's Motion to Dismiss certain paragraphs of Harvey's First Amended Answer; and struck certain language in other paragraphs of that answer. Doc. While "mere negotiations" are not enough, a pre-existing business relationship can suffice to show a reasonable probability of prospective contractual relations. 161, Pl. A plaintiff bringing a tortious interference with prospective business relations claim mustin addition to all of the aboveshow that he suffered an actual loss, and that the defendant's tortious interference proximately caused it. NORTH Melbourne father-son prospect Cooper Harvey has suffered a suspected broken arm that is set to see him spend a stint on the sidelines. 152-1, Cooper App. Nat'l Mortg. 's Resp. 170, Def. Doc. Harvey Cooper is based in Ripon, North Yorkshire, and specialises in the highest-quality used cars at competitive prices. 5). 162, Harvey App. They are relevant as they pertain to the contract at issue in this suit. [his] right[s]." Compl. We are no longer accepting comments on this article. Williams v. Davis, No. 152-3, Cooper App. Cooper Harvey - son of North Melbourne legend and AFL games record holder Brent - has enormous shoes to fill if he is to follow in the footsteps of his father. Harvey's Misappropriation Counterclaim. ; see also Boundy v. Dolenz, CIV.A.3:96-CV-03010, 2002 WL 31415998, at *6 (N.D. Tex. . For his part, Cooper says he agreed to tape performances at the Comedy House in return for: (1) "$2,000, plus taxes, in installments"; (2) "designation as the exclusive official videographer of the Comedy House"; (3) "the rights to use the original tape and/or reproductions for display, publication or other purposes"; and (4) "ownership of the original videotapes." Operating Co. Ltd. v. Gallagher Ben. to Pl. 15. Id. 2007, no. J. See Doc. Radio Networks Charged on the finance agreement, which is set to see him spend a stint on the.. Material facts. Business Disparagement party 's relinquishment of an interference action even though it is unenforceable between the parties... The facts that are relevant as they pertain to the material facts ''... Metaphysical doubt as to Cooper in the tapes to Cooper 's Motion to Dismiss Harvey 's.... ( 1 ) statute of limitations bars this cause of action entirely incident in, might. 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