Yesterday’s summary judgment filings confirm that settlement talks have been ongoing–and the Siegel side is in disarray.The motion filed yesterday was as expected as a player trotting to first base after ball 4. When an appeals court sends a case back down saying that the case is all but over but the filing, the natural next step for the winning party is to file for summary judgment.
I’ve uploaded the documents here. As anticipated, DC is asking the court to rule against the Siegels in the Superboy and Superman lawsuits on the basis of the pre-existing settlement.
The one thing that stands out: the Siegel side has not been able to state a single argument in favor of keeping these cases alive.
The emails entered as exhibits mention that the parties entered into settlement talks to end the dispute without a final judgment from the judgment from the court. Again, as we’ve noted before, that’s typical in these situations–when one party has a decisive advantage, reaching a settlement without a judgment is efficient and offers a way for the otherwise losing side to save face, not to mention additional legal expenses.
In the course of these exchanges, the Siegel side insists that it has legal arguments for going forward, but upon questioning, it does not mention any specifics. It’s a weak attempt to get some leverage in negotiations, and DC’s summary judgment motion is calling Toberoff’s bluff. Either the settlement is wrapped up quickly and on DC’s terms, or DC will get the court to end it first.
The Siegel response to DC’s summary judgment motion isn’t any stronger–the Siegel case has basically come down to an argument as to the timing of the summary judgment motion. The reasoning does not exactly inspire confidence–the main contention is that while DC’s counsel told Toberoff it would enter a motion for judgment, it didn’t say summary judgment. That line of nyah-nyah argument may command respect on the playground, but in contrast to the heights of 2008 and 2009 it’s kind of sad.
DC also takes the opportunity to call into question the legitimacy of Toberoff’s latest filing in the Pacific Pictures’ case. As discussed in my previous post, that filing also sent a clear message of defeatism and disarray–and DC is moving in for the kill.