Recent lawsuits in the U.S. entertainment industry have been growing rapidly, and this can be attributed to various factors, according to Nikki Chamberlain, a senior law lecturer at the University of Auckland. In contrast to New Zealand, where lawsuits are less frequent, the U.S. has different legal procedures and financial dynamics that encourage legal actions.
In the U.S., each side generally pays their own legal costs, regardless of the trial outcome. This differs from New Zealand, where the losing party covers both sides’ costs. This system in New Zealand can make plaintiffs hesitate to file lawsuits due to the potential financial risks involved.
Another notable difference is the role of juries in court cases. Most U.S. lawsuits are decided by juries, while New Zealand typically has judge-only trials, except for defamation cases where a jury option exists. Juries often award larger damages, while New Zealand judges are more conservative in their awards, especially for exemplary damages meant to punish defendants.
To illustrate, the highest exemplary damages awarded in New Zealand is around $89,000, whereas U.S. awards can reach millions. This difference in potential recoverable amounts may make plaintiffs more inclined to pursue cases in the U.S. where defendants often have more financial resources. Chamberlain pointed out that in New Zealand, entertainment industry figures may not have as much wealth, which might dissuade potential plaintiffs from pursuing litigation.
On the topic of social media, it’s become a double-edged sword. While it gives people a platform to express grievances, it can also lead to more breaches of privacy and potential defamation cases, ultimately resulting in increased legal disputes.
Several high-profile lawsuits highlight the friction within the entertainment industry. For example, Drake and Kendrick Lamar are currently embroiled in a legal battle stemming from lyrics in Lamar’s diss track. The clash escalated when Drake alleged that Lamar’s comments were defamatory and harmed his reputation.
Similarly, actors Blake Lively and Justin Baldoni are facing off in court over accusations of harassment and defamation related to their work on the film It Ends With Us. The back-and-forth allegations showcase a complex and messy legal environment in Hollywood.
Moreover, animator Buck Woodall is suing Disney for allegedly stealing his screenplay for the Moana franchise, seeking damages that could reach up to $10 billion. He claims that Disney’s film closely mirrors his original work, raising questions about originality and copyright within the industry.
Amid these cases, Sean “Diddy” Combs is also facing multiple lawsuits related to serious allegations, including sexual assault. The spotlight on such incidents highlights the ongoing scrutiny and legal challenges faced by many in the entertainment industry.
Chamberlain noted that while the potential for litigation exists in New Zealand, fewer lawsuits are filed, particularly for personal injuries, due to the high costs and lower damage payouts. This discrepancy results in fewer defamation, privacy, and intellectual property claims in comparison to the U.S.
As the entertainment landscape continues to evolve, it will be interesting to see how these legal battles unfold and what impact they may have on industry practices moving forward.
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