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Suing under Mediation Agreement

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LennyS

Junior Member
What is the name of your state (only U.S. law)? MA
Hi,
I'm involved in a contempt lawsuit involving the filming of a movie I had initiated. I had asked someone to help me work on a film & he stole the footage & finished the film on his own & is now trying screen it & to take all the credit for it. I had sued him some years ago & we signed an agreement in meditation that said he would give me the proper credits which we would share, which are director & producer. He's failed to do that & I'm now in the middle of the 3rd contempt case that I've brought against him to to deal with the credit issue.
the judge at the last status hearing told the defendant that I could still "sue the defendant against the mediation agreement". I'm not sure what that means. is it a breach of contract issue? If so how do I go about doing that? The judge also got angry with the defendant & his lawyer saying that something should have been worked out years ago & I should be credited for my work. the next status hearing is March 15th.
also, can I file an injunction to stop the film from being screened? How does that work?
Thanks in advance for any help! Lenny
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? MA
Hi,
I'm involved in a contempt lawsuit involving the filming of a movie I had initiated. I had asked someone to help me work on a film & he stole the footage & finished the film on his own & is now trying screen it & to take all the credit for it. I had sued him some years ago & we signed an agreement in meditation that said he would give me the proper credits which we would share, which are director & producer. He's failed to do that & I'm now in the middle of the 3rd contempt case that I've brought against him to to deal with the credit issue.
the judge at the last status hearing told the defendant that I could still "sue the defendant against the mediation agreement". I'm not sure what that means. is it a breach of contract issue? If so how do I go about doing that? The judge also got angry with the defendant & his lawyer saying that something should have been worked out years ago & I should be credited for my work. the next status hearing is March 15th.
also, can I file an injunction to stop the film from being screened? How does that work?
Thanks in advance for any help! Lenny
Your matter is beyond the scope of this (or any) internet forum. You should seek out the assistance of an attorney.
 

Zigner

Senior Member, Non-Attorney
Basically I need to know what "Suing under the mediation agreement" means. Thanks!
Based on a plain-English reading, it means that someone will file a lawsuit while someone else is holding the mediation agreement (or a copy of it) over their head.

An alternative could be that there's some clause in the mediation agreement that allows a lawsuit to be filed if one of the parties doesn't fulfill their obligations.
 

LennyS

Junior Member
Thanks very much!

Based on a plain-English reading, it means that someone will file a lawsuit while someone else is holding the mediation agreement (or a copy of it) over their head.

An alternative could be that there's some clause in the mediation agreement that allows a lawsuit to be filed if one of the parties doesn't fulfill their obligations.
Thanks very much! That's a major help!
 

quincy

Senior Member
What is the name of your state (only U.S. law)? MA
Hi,
I'm involved in a contempt lawsuit involving the filming of a movie I had initiated. I had asked someone to help me work on a film & he stole the footage & finished the film on his own & is now trying screen it & to take all the credit for it. I had sued him some years ago & we signed an agreement in meditation that said he would give me the proper credits which we would share, which are director & producer. He's failed to do that & I'm now in the middle of the 3rd contempt case that I've brought against him to to deal with the credit issue.
the judge at the last status hearing told the defendant that I could still "sue the defendant against the mediation agreement". I'm not sure what that means. is it a breach of contract issue? If so how do I go about doing that? The judge also got angry with the defendant & his lawyer saying that something should have been worked out years ago & I should be credited for my work. the next status hearing is March 15th.
also, can I file an injunction to stop the film from being screened? How does that work?
Thanks in advance for any help! Lenny
You potentially could sue for breach of contract. You potentially could file an infringement lawsuit. You potentially could file for a preliminary injunction, preventing sale and distribution of the film until the matter is decided in court, this upon showing the court irreparable harm can result if an injunction is not issued.

If the court issues an injunction, you may be required to post a bond to be used to compensate the other party for any losses he suffers, if you are not successful in your suit against him.

I agree with Zigner. You should make an appointment with an attorney in your area to discuss your situation.

Good luck.
 

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