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CASE CAPTION: The Weinstein Co. (TWC) v. Nu-Image Inc., L.A. Superior Court # BC360233.
CAUSE OF ACTION: Injunctive relief in aid of arbitration.
COMPLAINT ALLEGATIONS: Under a written contract created as of Nov. 4, 2004, Double Life Produc-tions Inc. purchased certain rights in the proposed film 'Rambo IV' from Miramax Film Corp. and Hardware Distribution Inc. Nu-Image is the successor-in-interest to Double Life. The plaintiff is the successor to the sellers. The agreement provided for disputes to be resolved by binding arbitration and gave certain exclusive first-negotiation rights to the plaintiff. If Nu-Image proposed to license or sell the exploitation rights, it was obligated to notify TWC in writing and thereafter negotiate in good faith for 15 days with respect to the grant of the rights to TWC. Instead, Nu-Image, allegedly without notice to the plaintiff, entered into negotiations with third parties to license or sell the distribution rights. Nu-Image has purported to comply with the TWC agreement by making an unreasonable and bad-faith proposal.
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