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McFarlane/Twist settlement: finally

Started by drice6900,

132 posts in this topic

drice6900

drice6900

Posted
Posted

OVER AND DONE: TWST, McFARLANE SETTLE

 

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

 

At one time, the verdict was up to $24.5 million, but in the end, Tony Twist and Todd McFarlane’s insurance companies settled their case for a $5 million payout to the former hockey player, this according to the St. Louis post-Dispatch. The settlement has been approved by an Arizona bankruptcy court.

 

The case, tried initially in 2000 was brought forward by Twist who alleged that McFarlane’s naming a mob boss “Antonio Twistelli” who went by the moniker “Tony Twist” in Spawn was done with malevolent intent and as a result, damaged his reputation and resulted in financial damages. In hockey, Twist was an “enforcer” for the St. Louis Blues, a player who fans love to hate, and was known for his rough playing style.

 

While the character was introduced in Spawn in 1993, Twist didn’t file suit until 1997, claiming that having the character named after him damaged his ability to obtain lucrative endorsement deals, that is, he suffered financial damages from what he saw as McFarlane’s unauthorized use of this name. Image Comics, which publishes Spawn, as well as Wizard Magazine, which published a Spawn Special were among other defendants named in the case, but they were all dropped, with the end result of Twist suing TMP alone.

 

The jury found for Twist in 2000, awarding him $24.5 million in damages. That decision was tossed out on appeal, but then in 2004, a second trial ordered by the Missouri Supreme Court saw a $15 million award go to Twist, which was also appealed, but upheld in June of 2006. In December of 2004, with the $15 million verdict looming, McFarlane Productions (the only arm of the McFarlane businesses named in the Twist complaint) declared Chapter 11 bankruptcy to protect the company, and allow it to continue operation.

 

linky

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FFB

FFB

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Who is this guy? He lost out on 15 million in endorsements because McFarlane used his name in a comic book? That makes a lot of sense. screwy.gif

 

He was a bruiser for the St. Louis Blues back in the 1990s. Zero talent and zero marketability. He scored a grand total of 10 goals in over 400 NHL games. All he was known for was fighting. The notion that Todd McFarlane's comic book kept him from getting any endorsement deals or caused him any damage whatsoever is preposterous.

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GoodAsh

GoodAsh

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I have lived in my entire life, and followed this entire case as it has traspired. Twist is a good guy, and has done alot for the st louis market via charitable orginazations and such, but this is what is exactly wrong with our court system. People can win ludacris amounts of money over something so trivial and irrelivant!!

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october

october

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Who is this guy? He lost out on 15 million in endorsements because McFarlane used his name in a comic book? That makes a lot of sense. screwy.gif

 

He was a bruiser for the St. Louis Blues back in the 1990s. Zero talent and zero marketability. He scored a grand total of 10 goals in over 400 NHL games. All he was known for was fighting. The notion that Todd McFarlane's comic book kept him from getting any endorsement deals or caused him any damage whatsoever is preposterous.

 

I can believe that a jury would award that amount (juries frequently do nonsensical things), but I can't believe that a judge, ANY judge, wouldn't immediately set it aside. That award seems totally unconscionable.

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FFB

FFB

Posted
Posted
Who is this guy? He lost out on 15 million in endorsements because McFarlane used his name in a comic book? That makes a lot of sense. screwy.gif

 

He was a bruiser for the St. Louis Blues back in the 1990s. Zero talent and zero marketability. He scored a grand total of 10 goals in over 400 NHL games. All he was known for was fighting. The notion that Todd McFarlane's comic book kept him from getting any endorsement deals or caused him any damage whatsoever is preposterous.

 

I can believe that a jury would award that amount (juries frequently do nonsensical things), but I can't believe that a judge, ANY judge, wouldn't immediately set it aside. That award seems totally unconscionable.

 

thumbsup2.gif

 

And meanwhile, you'll have someone who gets her face gnawed off by a pitbull who will get $150,000 from a jury. Seems kind of unfair to me.

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october

october

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Posted
Who is this guy? He lost out on 15 million in endorsements because McFarlane used his name in a comic book? That makes a lot of sense. screwy.gif

 

He was a bruiser for the St. Louis Blues back in the 1990s. Zero talent and zero marketability. He scored a grand total of 10 goals in over 400 NHL games. All he was known for was fighting. The notion that Todd McFarlane's comic book kept him from getting any endorsement deals or caused him any damage whatsoever is preposterous.

 

I can believe that a jury would award that amount (juries frequently do nonsensical things), but I can't believe that a judge, ANY judge, wouldn't immediately set it aside. That award seems totally unconscionable.

 

thumbsup2.gif

 

And meanwhile, you'll have someone who gets her face gnawed off by a pitbull who will get $150,000 from a jury. Seems kind of unfair to me.

 

Yes, it's very unfair, but that's the disparity we get when some can afford high-priced representation and some are stuck with Joe Blow JD from down the block.

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agro23

agro23

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I know a lot more about this case than I can say publicly, but Toddy sort of hung himself by admitting in court that he named the character after Twist. The merits of the case went right out the window at that point (much like a case where the prosecution improperly handled evidence but it won't get tossed because the defendent admits guilt.)

 

EDIT:

And let me just add that the jury several times was full of 'good god-fearing folk' and 'good ol' boys' from Missouri. They bring in this Hollywood-type who produces "obviously satanic material" and he's pitted against an innocent local boy who's 'just trying to get by' and you can imagine the results. I have generalized but the case was literally framed that way.

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Ares

Ares

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I know a lot more about this case than I can say publicly, but Toddy sort of hung himself by admitting in court that he named the character after Twist. The merits of the case went right out the window at that point (much like a case where the prosecution improperly handled evidence but it won't get tossed because the defendent admits guilt.)

 

I remember that comment but cant remember where I read it.

When I read that I though McFarlane is toast

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comix4fun

comix4fun

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What a ridiculous travesty of justice for McFarlane to have had to pay that guy one red cent. foreheadslap.gifscrewy.gif

 

 

The weird thing is...I woulda paid to be turned into a comic book villain...even if it were for just one issue. This guy sues over it. 27_laughing.gif

 

Chris

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comix4fun

comix4fun

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Its no wonder so many people want to be lawyers in the U.S. These kinds of ridiculous suits/settlements happen every day. Wonder how much money went to the lawyers?

 

 

Ok let's not turn this thread ugly.. sumo.gif

 

Some lawyers are very good people....and juries give out these awards not lawyers. thumbsup2.gif

 

And in this case you can blame the insurance company for the cash value of the final settlement..... insurance companies...now there is a racket devil.gif

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Mad Dog

Mad Dog

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I know a lot more about this case than I can say publicly, but Toddy sort of hung himself by admitting in court that he named the character after Twist. The merits of the case went right out the window at that point (much like a case where the prosecution improperly handled evidence but it won't get tossed because the defendent admits guilt.)

 

EDIT:

And let me just add that the jury several times was full of 'good god-fearing folk' and 'good ol' boys' from Missouri. They bring in this Hollywood-type who produces "obviously satanic material" and he's pitted against an innocent local boy who's 'just trying to get by' and you can imagine the results. I have generalized but the case was literally framed that way.

 

 

God i just love american justice... its the cat-in-microwave case all over again tonofbricks.gif

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