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Suit says Warner Bros. contract unfairly limits worker options.


THE dotted line may be blurry.

Two computer programmers who ed for Warner Bros BROS Brothers
BROS Benefits and Retirement Operations Section (King County, Washington)
BROS Barnes and Richmond Operatic Society (London, UK) 
. Entertainment Inc. have filed suit against the company, claiming that their contracts were extended in a manner that denied them retention bonuses.

Tony Adjuder and Brian Ivey are the named plaintiffs in the case, but according to the suit, as many as 250 programmers signed the same contract to work on a financial software development project at the Burbank-based entertainment firm. Ivey began work in August 2001; Adjuder started in January 2002. Both contracts had a completion date of June 30, 2003, but they were extended.

"We're claiming the contract is basically one that almost creates an indentured servitude servitude

In property law, a right by which property owned by one person is subject to a specified use or enjoyment by another. Servitudes allow people to create stable long-term arrangements for a wide variety of purposes, including shared land uses; maintaining the
 situation if you want to obtain your retention bonus," said Richard Stavin, an attorney at Stavin & Associates in Encino, representing the plaintiffs. "The contract can be extended indefinitely and does not provide for cost-of-living increases or any increases whatsoever in the wage. And the way the contract is worded, if you leave your job, you forfeit your bonus."

Both programmers quit after their contract was extended, he said.

Scott Rowe, a spokesman for the subsidiary of Time Warner Inc., declined comment on pending litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
. The suit was filed Jan. 29 in Los Angeles Superior Court, and its claims include fraudulent inducement, negligent misrepresentation misrepresentation

In law, any false or misleading expression of fact, usually with the intent to deceive or defraud. It most commonly occurs in insurance and real-estate contracts. False advertising may also constitute misrepresentation.
 and unjust enrichment A general equitable principle that no person should be allowed to profit at another's expense without making restitution for the reasonable value of any property, services, or other benefits that have been unfairly received and retained. .

EBay Edge

The editor and co-publisher of the Metropolitan News-Enterprise, a downtown L.A. legal newspaper, lost his libel case against eBay Inc. after appealing its dismissal by a lower court.

Roger Grace sued eBay after a Hollywood memorabilia seller posted negative remarks about him on the site.

"I'm not concerned about some stupid remarks some young person who is selling old magazines put up about me," said Grace, whose company, Grace Communications Inc., owns the newspaper. "I'm concerned about the potential harm that can be done with people knowingly lying about others with impunity, if the point of view in the court of appeal prevails."

In its Feb. 5 ruling, the three-judge panel in 2nd Appellate District said eBay was immune from liability under a federal statute that says, "No provider or user of an interactive computer service shall be treated as the publisher."

Grace claims the statute is intended for Internet service providers Internet service provider (ISP)

Company that provides Internet connections and services to individuals and organizations. For a monthly fee, ISPs provide computer users with a connection to their site (see data transmission), as well as a log-in name and password.
 or search engines but not Web sites. He said he intends to petition for a re-hearing or to the California Supreme Court.

"We're pleased with the ruling and believe this definitively resolves the question of whether eBay enjoys the protection of the Communications Decency Act See CDA.

(legal) Communications Decency Act - (CDA) An amendment to the U.S. 1996 Telecommunications Bill that went into effect on 08 February 1996, outraging thousands of Internet users who turned their web pages black in protest.
," said Jay Monahan, vice president of litigation at eBay. "This is the only time we've been sued with a claim of defamation, so it was important for us to confirm the CDA (1) (Compact Disc Audio) The compact disc file extension that is seen on the computer in Explorer or some other file manager. CDA files are actually pointers to the locations of the individual tracks on the CD medium. See CD-DA.  applies to us with respect to (such) claims."

Divorce Duo

Nachshin & Weston LLP LLP - Lower Layer Protocol , a six-attorney family law firm focusing on high net-worth and celebrity divorces, named two new partners this month.

Joseph Langlois, who was on the legal team representing Barry Bonds in his famed prenuptial case, has worked for the firm since 1994. Stephanie Blum has been at the firm since 1996.

Staff reporter Amanda Bronstad can be reached at (323) 549-5225 ext. 225, or at abronstad@labusinessjournal.com.
COPYRIGHT 2004 CBJ, L.P.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Author:Bronstad, Amanda
Publication:Los Angeles Business Journal
Geographic Code:1USA
Date:Feb 16, 2004
Words:531
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