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Will Toberoff Dismiss Warner's Supersuit?

Published Mon, 16 Aug 2010 07:10:29 -0500

Last updated Mon, 16 Aug 2010 12:46:15 -0500

Lawyer Marc Toberoff has accused DC Entertainment of trying to play the man, not the ball, and stall him over the Siegel/Shuster/Superman copyright case after they launched a counter suit against him over the matter in May. Warners have accused him of disrupted a previous deal with the estates of the creators of Superman for personal gain, and that he has previous in this area.

Naturally Toberoff vigorously denied this, pointing out that for the last five years he has purely worked for the estates on a retainer basis, and pointed out Warner's motivation in this matter.

Now Toberoff's own lawyer, Richard Kendall has filed motions to dismiss this suit, referring to California's anti-strategic lawsuit against public participation (SLAPP) laws, designed to curb intimidating counter-suits in legal matters.

Toberoff has stated that, while a business partner Ari Emanuel had, in 2002, made a $15 million offer to purchase the Siegel estate's rights, that was an lawyer-to-lawyer offer made without response from the Siegels. And that when their dropped their legal representatives and broke off 2002 negotiations with DC, he was yet to meet them – that happened a month later when he agreed to represent them.

However, one document which made its way to DC after being smuggled/stolen/leaked out of the Toberoff camp is labelled the "Superman-Marc Toberoff Timeline," which appears to indicate that Toberoff wanted as much personal ownership of Superman as possible. This smoking gun is still to be addressed – though few doubt that it will be.

And the superlawyers fees roll on..Marc is also representing the estate of Jack Kirby in their battle with Marvel Comics.

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