Bill Nye Lawsuit - Delay

[jcb]

On today's podcast, Pete questioned why Nye waited some nine years (from 2008 to 2017) to file his "Hollywood accounting" lawsuit.

California generally requires breach of written contract claims be filed within 4 years of the breach. I assume (don't know) that Nye's lawsuit was subject to this four year limitations period. The trick is to define when the breach occurred. For example, in cases where the lawsuit concerns payments due on an "account" " the time shall begin to run from the date of said item."

The lawsuit also recounts (Nye's perspective) that when (in early 2014) Nye demanded an accounting, Disney said that it was backlogged with other audits and that it would be "three to four years" before Nye could audit the books, finally offering to start the audit in May 2016.

Finally, the lawsuit alleges Nye and Disney entered into a "tolling agreement" which is a written agreement where one party agrees that it will not assert a statute of limitations defense in exchange for the other party delaying the filing of a lawsuit. Tolling agreements usually apply to time limits that have not yet expired.

 

[OKW Lover]

Perhaps the thread could be renamed "Bill Nye the Lawsuit Guy"

Thanks again Jack for some good info on the legalities of what may be going on.

 

[pjweaver]

My assumption was that Bill Nye was working in good faith assuming this would be resolved amicably, but reached a breaking point. From what you say Jack, I picture Disney lawyers plotting ways to drag this out until any legal action would be dismissed.

I know we aren't talking about some back woods bumpkin, he is a celebrity in some sense, but not some A lister who has managers and lawyers at every meeting. I am probably naive in thinking that.

 

[OKW Lover]

From what you say Jack, I picture Disney lawyers plotting ways to drag this out until any legal action would be dismissed.

Actually, according to Jack's research, they agreed to a tolling agreement which prevents that.

 

[ConeyLighthouse]

I would not go up against Bill Nye in matters of math!