Jon and Kate Plus 8, Official Thread--Part 7

[redrosesix]

It's seems the lawsuit is not what we thought it was and upon reading this--seems extremely appropriate to me.

He's using his image/knowledge for personal gain elsewhere and that is a big ol' no no per his contract.

Not exactly -- according to the rules of common law, TLC will have to show that they treated both parties to the contract equally ie. non-arbitrarily. And many of the things they accuse Jon of doing, Kate has also done eg. talking about the divorce.

Perhaps that's why they've demanded a jury trial.

This no longer applies across the board in NY - not sure of PA.. Here one party either has to buy the other out - or the house must be sold - regardless of the age of the children.. This happened to someone we know quite well just 3 years ago - and also happened when a relative of mine divorced (3 children well under the age of 18)..

Here it's totally different -- everything split down the middle regardless of who gets custody, unless one spouse has failed to pay child support, in which case the courts will even things out when they divide the assets.

It becomes really confusing when there's a family business involved, especially a family farm, because a lot of the regular rules of divorce go right out the window.

 

[C.Ann]

For some reason I find that more fair. Though in an extreme circumstance--I would be okay if one partner got stuck paying the mortgage for the other..

-------------------------

For this to be fair and equal, buying out one persons share - or selling the house, paying off the mortgage, and then equally dividing any leftover profits - is really the only way to go..

Since both Jon & Kate were bringing in an income from the show - and if it was that income which was being used for the mortgage - they have both contributed equally and therefore should be divided equally as stated above..

 

[Lisa loves Pooh]

-------------------------

For this to be fair and equal, buying out one persons share - or selling the house, paying off the mortgage, and then equally dividing any leftover profits - is really the only way to go..

Since both Jon & Kate were bringing in an income from the show - and if it was that income which was being used for the mortgage - they have both contributed equally and therefore should be divided equally as stated above..

I agree.

I've just seen some cases elsewhere (not Jon and Kate)--where I would have been okay with one spouse to just have to pay the piper and be stuck. In those cases--in one example, she was a SAHM mom, and he was a successfu doctor who left her, got a mistress and a house on the river and left her destitute.

Unfortunately he was good at hiding money AND very poor at spending it, so after all his living it up--she truly had nothing to get from any of that.

I don't see Jon and Kate in that way.

 

[newtodis]

They didn't have the right to talk to anybody about the show without the prior consent of TLC, and didn't have the right to express concerns about the show.

I remember them saying in a "ask J&K" or something like that (maybe a different interview? I can't recall now), Kate said they could see the shows before they're on tv but they don't exercise that option. I think she also said they can express a "concern" about something on the show, but that they couldn't object to anything being on the show (like if they thought "gumgate" shouldn't be in the show, they could request TLC not use the footage but TLC didn't have to listen to them). I think, IIRC, that Kate said they hadn't used that "option" (expressing concern about different things not being shown) at that point.

Not exactly -- according to the rules of common law, TLC will have to show that they treated both parties to the contract equally ie. non-arbitrarily. And many of the things they accuse Jon of doing, Kate has also done eg. talking about the divorce.

Didn't the paperwork say that they could do those things with prior permission from TLC? If Kate's interviews were approved by TLC (I could see them saying she *needed* to respond to Jon's allegations), then she wouldn't be in breech of contract right?? I would think TLC's legal team is WAY out of Jon's legal team's league so this shouldn't be too hard a case to proove right?? How long until something like this would go to trial? And how on Earth do you find a "fair" jury at this point???? I don't know that you could find ANYONE who hasn't heard of J&K+8...

Sorry for all the questions today! Thankfully we have some legal people here to help us out!

Have a great time this weekend Dorris!!

Too bad you had to go back to work, MAKmom! I know my job gets in the way sometimes too!

 

[redrosesix]

I remember them saying in a "ask J&K" or something like that (maybe a different interview? I can't recall now), Kate said they could see the shows before they're on tv but they don't exercise that option. I think she also said they can express a "concern" about something on the show, but that they couldn't object to anything being on the show (like if they thought "gumgate" shouldn't be in the show, they could request TLC not use the footage but TLC didn't have to listen to them). I think, IIRC, that Kate said they hadn't used that "option" (expressing concern about different things not being shown) at that point.

Didn't the paperwork say that they could do those things with prior permission from TLC? If Kate's interviews were approved by TLC (I could see them saying she *needed* to respond to Jon's allegations), then she wouldn't be in breech of contract right?? I would think TLC's legal team is WAY out of Jon's legal team's league so this shouldn't be too hard a case to proove right?? How long until something like this would go to trial? And how on Earth do you find a "fair" jury at this point???? I don't know that you could find ANYONE who hasn't heard of J&K+8...

As for the contract, I have a problem with the parents not being able to express concerns about the treatment of their children -- according to TLC's filing. Let's take a hypothetical situation where kids are required by a production company to film when they are sick. The parents should have the right to express public concerns about that, or to lobby for safeguards to prevent this. According to TLC they don't.

As for Kate asking permission first before doing an interview, if Jon can show that such permission was arbitrarily withheld from him, then a judge might conclude that the contract was void. I think that's why TLC is choosing to sue Jon just for appearances on ET and The Insider, where he spoke directly against TLC, but Jon may have a case that TLC's prior behaviour had nullified the contract ie. by putting a gag order on him and not on Kate.

You're right, though, it depends how good your lawyers are at this point. And I don't think Jon is going to have anywhere near a match for TLC's lawyers unless some legal eagle decides to take pity on him and take over the case to prove a point (or to prove how good they are, which is often the case)

 

[SaraJayne]

Jon is an idiot, yes, no question. TLC is greedier than J&K and worse than I ever could have imagined. They want to own those kids to line their pockets. It's disgusting.

The kids are the losers.

This is why I believe TLC looks much worse than Jon.

 

[newtodis]

OT alert - anyone who wants to help me plan DS2's 3rd birthday party can vote here: http://www.disboards.com/showthread.php?t=2310066. I'm open to suggestions as well! You're a pretty crafty group so I'm excited to hear what y'all think!

Back to J&K....I'm hoping to have a quiet weekend and get caught up on stuff. DH gets home from being in MD for two weeks so I'll have a ton of luandry to do....try and keep it to a minumum.

I'm sure Jon will be all over the evening entertainment shows this weekend. Do you think Kate will hit LKL or the morning news shows this weekend or maybe a TLC rep??

 

[redrosesix]

OT alert - anyone who wants to help me plan DS2's 3rd birthday party can vote here: http://www.disboards.com/showthread.php?t=2310066. I'm open to suggestions as well! You're a pretty crafty group so I'm excited to hear what y'all think!

Back to J&K....I'm hoping to have a quiet weekend and get caught up on stuff. DH gets home from being in MD for two weeks so I'll have a ton of luandry to do....try and keep it to a minumum.

I'm sure Jon will be all over the evening entertainment shows this weekend. Do you think Kate will hit LKL or the morning news shows this weekend or maybe a TLC rep??

not sure about LKL -- although TLC didn't go after Jon for that one (wonder why ) they're tied up in this law suit actually. I'd say the Today Show, monday am, since she seems to have a relationship with them.

 

[WaltD4Me]

not sure about LKL -- although TLC didn't go after Jon for that one (wonder why ) they're tied up in this law suit actually. I'd say the Today Show, monday am, since she seems to have a relationship with them.

I think Kate and TLC would be smart not to have Kate go on any shows. When Kate's lawyer was on LKL he said if Jon really believed what he was saying and it had merit, why didn't he take it court? And I agreed with that. Nothing is going to be resolved on ET or The Today show. The more Jon talks the worse he looks. There isn't much to say about someone who isn't talking.

 

[C.Ann]

Shouldn't Jon or Kate (or TLC) be making some kind of earth shattering announcement before the day is out? "Balloon Boy" is the hot topic in the media today - which means no publicity for J&K or TLC!!

 

[madge]

again ... has something happened? or more chit chat? my last post was on page 94. we're waaaay past that, now.

 

[3prettyprincesses]

Wow. TLC is something else. Sounds like J&K have signed their lives away to the devil, as well as their kids privacy. I've always thought they most likely owned J&K. Looks like that was true.

What a strange clause that if they signed on for season 4 then they had to do 3 more seasons after? I don't know how those TLC executives sleep at night. What a bunch of low-lifes. They are behaving as if they are parents, that's the vibe I'm getting. Shame on them for acting like Jon doesn't have the right to halt filming if he thinks it isn't healthy for the kids. So, according to them, Jon could only have stopped it if he had been unhappy with it before? Ridiculous. I'm disgusted with this network, truly disgusted. I sincerely hope the other reality TV families take a hard look at their contracts and think twice about working with a company like TLC.

What one sided treatment. Kate was allowed to do interviews, talk shows and LKL because it jived with TLC's agenda. Jon wasn't allowed to do squat. Then when he does, they want to sue him for it. I'm willing to bet my DH's paycheck () that TLC is footing the bill for Kate's enormous legal team too. Which means Jon is left fending for himself for legal representation. I really think there is so much more to this story, so much more. I believe TLC knew there was huge trouble between J&K awhile ago, why else would their production crew have left to go work for the Duggars? Then Kate tells Jon last Oct. their marriage is over and they should live seperate lives. How does that jive with TLC's family image of the Gosselins? It doesn't yet the show goes on and we all saw how painful season 4 was. TLC doesn't give a crap about the Gosselins. The fact that they want to continue a show with Kate and the kids proves it. They don't care about the Gosselin children. All they are concerned with is $, $, $. Shame on them. The petition they filed against Jon has shown they care only about strengthening their own bottom line. So what if a family is shambles and the kids are caught in the middle. The show must go on!

 

[madge]

I may be alone in this opinion, but as bad as Jon looks in this whole thing, I think TLC looks worse.

I think it's ALL bad.

Mousey said it appropriately days ago. The only ones that are going to profit from this thing are going to be the many lawyers on all sides. I truly don't see how anyone is going to "win" here.

 

[madge]

Shouldn't Jon or Kate (or TLC) be making some kind of earth shattering announcement before the day is out? "Balloon Boy" is the hot topic in the media today - which means no publicity for J&K or TLC!!

someone said that at my kids' school today. LOL.

and it wasn't even me.

 

[madge]

It also struck me a bit odd that she says"And my best friend, Jamie — she's getting divorced, too, but is further along — reminds me that I will get through this. . Is this the same Jamie that is her bestest friend in the whole world and the one who's husband provided the kitchen makeover?

yes.

 

[walden]

again ... has something happened? or more chit chat? my last post was on page 94. we're waaaay past that, now.

TLC sueing Jon did generate a lot of Chit. And even more Chat!

I'm trying to stay (comparatively) objective about all of this. I am academically interested in how the law suits play out. Not a lawyer, but interested.

However, those poor children are about to be dragged through the coals yet one more time if this TLC law suit plays out. Isn't going through a divorce enough?

I'm not so objective when it comes to the kids. They need functional parents. Above all, they need privacy right now!

Ah, but Jon and Kate are their parents and TLC is playing hard ball. The paps are on alert.

Those poor children.

 

[talulabelle]

Shouldn't Jon or Kate (or TLC) be making some kind of earth shattering announcement before the day is out? "Balloon Boy" is the hot topic in the media today - which means no publicity for J&K or TLC!!

http://tv.yahoo.com/jon-kate-plus-8...ews.en.ap.org-20091016-us_tv_gosselin_lawsuit

Ah, here they go, TLC has slapped a lawsuit against Jon for breach of contract. Yeah, that's just what this financially troubled family needs right now...Kate can't possibly want for this to happen...if Jon is found to owe money, that only hurts her own kids more. This just gets worse and worse, and I can't decide who should burn more for what they have done to this family and the kids- Kate, Jon , or TLC.

 

[walden]

So Jon's attorney responds. From US magazine: http://www.usmagazine.com/news

"The contract was against Public Policy because we believe Discovery and TLC violated Pennsylvania Child Labor Laws, failed to seek appropriate State and Municipal Permits, failed to pay the Gosselins fair consideration, and intentionally circumvented their responsibility to specifically designate legal and lawful compensation to the eight infant children, which is now the subject of an investigation by the Pennsylvania Department of Labor and Industry and could result in summary Criminal Proceedings.

"The purported Contract was also grossly overreaching and restrictive attempting to abridge the most basic Constitutional Right that all American citizens have of Freedom of Speech. Discovery and TLC has treated Jon Gosselin like a dog by attempting to keep him on a leash and muzzle him and deny the father of eight the opportunity to earn a livelihood to support his family."

Yep. I'm not sure that I disagree (see my previous post). The TLC suit does seem to imply that the children were/are working.

I do hope the children will be OK. I have stopped caring about the parents.

 

[C.Ann]

So Jon's attorney responds. From US magazine: http://www.usmagazine.com/news

"The contract was against Public Policy because we believe Discovery and TLC violated Pennsylvania Child Labor Laws, failed to seek appropriate State and Municipal Permits, failed to pay the Gosselins fair consideration, and intentionally circumvented their responsibility to specifically designate legal and lawful compensation to the eight infant children, which is now the subject of an investigation by the Pennsylvania Department of Labor and Industry and could result in summary Criminal Proceedings.

"The purported Contract was also grossly overreaching and restrictive attempting to abridge the most basic Constitutional Right that all American citizens have of Freedom of Speech. Discovery and TLC has treated Jon Gosselin like a dog by attempting to keep him on a leash and muzzle him and deny the father of eight the opportunity to earn a livelihood to support his family."

Yep. I'm not sure that I disagree (see my previous post). The TLC suit does seem to imply that the children were/are working.

I do hope the children will be OK. I have stopped caring about the parents.

That's interesting.. Wonder if it will hold up in court? Hopefully at least the parts regarding the children..

 

[madge]

This is why I believe TLC looks much worse than Jon.

surely this is NOT true ...
http://www.zacktaylor.ca/blog/2009/10/the-heene-family-is-heading-to-the-discovery-channel.html

If it is, they need to rename it the FSC because that's all they show anymore!

FSC = Freak Show Channel