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The October D&D Book is Fizban’s Treasury of Dragons
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<blockquote data-quote="Steel_Wind" data-source="post: 8342115" data-attributes="member: 20741"><p>WotC did not have the option of walking away. They tried to walk away <em>by not walking away</em>. That got them sued. WotC caved. The books are coming out.</p><p></p><p>As for that final part? No. Look, I know the ring of truth when I read it in a highly particularized claim - and that one had it. As for what, specifically, was WotC's real reason for doing what they did we may not know for sure. No argument.</p><p></p><p>But what they did? Yeah, those highly particularized allegations are in the complaint. That was a contracts claim seeking specific performance or damages in lieu. You don't gussy up a contract claim for specific performance making allegations you can't prove. No serious lawyer does that.</p><p></p><p>Some claims read like a wild story -- a relatively small few read like a <em>factum </em>-- the vast majority mostly fall in between.</p><p></p><p>Weiss and Hickman's complaint reads like a <em>factum.</em> That legal fight was over before it began. Which is why WotC settled before affidavits of documents were exchanged, let alone before discovery. I infer that WotC's counsel told them it was hopeless on liability - and that their best hope, that Weiss and Hickman didn't have the money to sue them and see it through was a bad bet to make. You don't get to have a fight on damages if W&H are content for an Order for specific performance. (a court Order deeming approval of the manuscript and authorizing Del-Rey to publish). Instant success with money soon to follow on a milestone payment - then royalties. (Client gets paid within months -- I get paid within months, too. I like it; I like it a lot.)</p><p></p><p>That's where I would have gone as counsel for the plaintiff; on a motion for summary judgment, too. No trial on damages necessary. No jury required. Giddy up. I put my chances of that result north of 75%. That's about as good as it gets on an injunction case.</p><p></p><p>WotC settled almost immediately. That tells you all you need to know.</p></blockquote><p></p>
[QUOTE="Steel_Wind, post: 8342115, member: 20741"] WotC did not have the option of walking away. They tried to walk away [I]by not walking away[/I]. That got them sued. WotC caved. The books are coming out. As for that final part? No. Look, I know the ring of truth when I read it in a highly particularized claim - and that one had it. As for what, specifically, was WotC's real reason for doing what they did we may not know for sure. No argument. But what they did? Yeah, those highly particularized allegations are in the complaint. That was a contracts claim seeking specific performance or damages in lieu. You don't gussy up a contract claim for specific performance making allegations you can't prove. No serious lawyer does that. Some claims read like a wild story -- a relatively small few read like a [I]factum [/I]-- the vast majority mostly fall in between. Weiss and Hickman's complaint reads like a [I]factum.[/I] That legal fight was over before it began. Which is why WotC settled before affidavits of documents were exchanged, let alone before discovery. I infer that WotC's counsel told them it was hopeless on liability - and that their best hope, that Weiss and Hickman didn't have the money to sue them and see it through was a bad bet to make. You don't get to have a fight on damages if W&H are content for an Order for specific performance. (a court Order deeming approval of the manuscript and authorizing Del-Rey to publish). Instant success with money soon to follow on a milestone payment - then royalties. (Client gets paid within months -- I get paid within months, too. I like it; I like it a lot.) That's where I would have gone as counsel for the plaintiff; on a motion for summary judgment, too. No trial on damages necessary. No jury required. Giddy up. I put my chances of that result north of 75%. That's about as good as it gets on an injunction case. WotC settled almost immediately. That tells you all you need to know. [/QUOTE]
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