(1963) Tags: Fox
Twentieth Century-Fox Film Corporation v. Taylor
Portland Paramount Corp. v. Twentieth Century-Fox F. Corp.
Taylor v. Portland Paramount Corporation
Twentieth Century-Fox Film Corporation v. Taylor
The action is one of a series of litigations arising out of the production of the motion picture “Cleopatra,” in which Richard Burton and Elizabeth Taylor, now husband and wife, play principal roles.
FOX alleges that Elizabeth Taylor failed to perform her services with diligence, care and attention; that she reported for work in an unfit condition; that she allowed herself to become unphotographable and unfit to perform her services; that she failed to report for work; that she failed to report on time; that she suffered herself to be held up to scorn, ridicule and unfavorable publicity by her public conduct; and that she conspired with and induced others to breach their agreements with plaintiff.
The action against Burton for breach of his employment contract contains allegations of conduct identical to those charged against Taylor. There are, however, allegations that he breached the contract in other respects.
The amount of damages claimed from Burton for his alleged breach is $5,000,000; that sought from Taylor for her alleged breach is $20,000,000.
Judgment: The Court concludes that the Southern District of California is not a district in which suit “might have been brought” on July 9, 1964, and defendants’ motion to transfer is denied. The defendants’ alternative motion to dismiss plaintiff’s action under the doctrine of forum non conveniens, termed a “slightly more circuitous route” to achieve transfer based upon defendants’ offer to waive jurisdictional defects, is denied.
Portland Paramount Corp. v. Twentieth Century-Fox F. Corp.
This cause charges in substance that Fox, by reason of certain warranties and representations to Paramount, which Fox knew to be false, and by assertedly concealing material facts so as to create a false impression and deceive Paramount, induced it, as a motion picture exhibitor, to enter into a contract with Fox, as a motion picture distributor, for the exhibition of “Cleopatra” and to pay Fox a non-returnable advance against film rentals as a result of which Paramount was damaged in the sum of $44,653.15
The suit also claims the behavior on and off the set from Elizabeth Taylor and Richard Burton damaged the quality and commercial potential of the film.
Judgment: [Judgement documents are unavailable].
Taylor v. Portland Paramount Corporation
Defendant Elizabeth Taylor, individually and jointly with Richard Burton, has, pursuant to, in furtherance of, and during the period of her joint venture or joint ventures and contract or contracts with defendant Fox, upon information and belief, knowingly, intentionally, willfully, maliciously and negligently, continuously since the early part of the year 1962 to the close of plaintiff’s exhibition of `Cleopatra,’ interfered with and injured plaintiff’s exhibition property rights and business interests, and the enjoyment of such rights and business interests, without justification and without serving any legitimate business interests, and has acted, and has induced Richard Burton to act, in willful, wanton, malicious and negligent disregard of the exhibition property rights and business interests of plaintiff by, among other things:
(a) Her notorious and scandalous conduct with Richard Burton while, to public knowledge, each was married to another.
(b) Holding herself up to public opprobrium, ridicule, and scorn.
(c) Public statements to the effect that `Cleopatra’ is of an inferior quality.
(d) Engaging in the acts set forth in subsections (a), (b) and (c) above and inducing Richard Burton to engage in the acts set forth in subsections (a) and (b) above during the periods of production, distribution and exhibition of `Cleopatra,’ all of which activity was thereby closely associated with `Cleopatra’ in the eyes of the public.
The acts of defendant Elizabeth Taylor, individually and jointly with Richard Burton, as set forth in paragraph VI above, have directly and proximately injured plaintiff’s exhibition property rights and business interests in that the conduct of defendant Elizabeth Taylor and the notorious and adverse publicity resulting therefrom has been associated in the eyes of the public directly with `Cleopatra,’ with the result that attendance at the exhibition of `Cleopatra’ has substantially diminished, and proceeds that would have been realized by plaintiff but for the acts of defendant Elizabeth Taylor have been lost.