Steinbeck heirs’ spat to go another round
Years of lawsuits part of his legacy
ANCHORAGE, Alaska — Another chapter is set to play out this week in a decades-old family dispute over control of the classic works by author John Steinbeck.
A three-judge panel of the Ninth U.S. Circuit Court of Appeals will be in Alaska’s largest city on Tuesday to hear arguments in an appeal by the estate of Steinbeck’s late son, Thomas Steinbeck, over a 2017 jury verdict in California.
In that case, a federal jury awarded the author’s stepdaughter, Waverly Scott Kaffaga, more than $13 million in a lawsuit claiming that Steinbeck’s son and daughterin-law, Gail Steinbeck, had impeded film adaptations of the iconic works.
It was up to the Los Angeles jury to decide whether Thomas and Gail Steinbeck had interfered with deals and should pay up. Kaffaga had sued her stepbrother, his widow, Gail, and their company.
Attorney Matthew Dowd, representing the Thomas Steinbeck estate, said part of the appeal contends that the 1983 agreement was in violation of a 1976 change to copyright law that gave artists or their blood relatives the right to terminate copyright deals. The appeal also disputes the award handed up by the jury.
Kaffaga — executor for the estate of her mother, Elaine Steinbeck, the author’s widow and third wife — had alleged that long-running litigation over the author’s estate prevented her from making the most of his copyrights at a time when marquee names such as Steven Spielberg and Jennifer Lawrence were interested in bringing masterpieces “The Grapes of Wrath” and “East of Eden” back to the screen. She said the deals instead fell apart over the years.
Kaffaga had contended that Thomas Steinbeck secretly signed a $650,000 deal with Dreamworks to be an executive producer on a film remake of “The Grapes of Wrath,” the Pulitzer Prize-winning novel that starred Henry Fonda on the silver screen and won two Oscars. She also said Gail Steinbeck learned of projects and threatened moviemakers, saying she and her husband had legal rights to the work.
Dowd said Thomas Steinbeck, who died in 2016, conveyed his intention to exercise those rights, prompting Kaffaga to claim the contract breach. He said Steinbeck was fully within his right to do so, under the 1976 “termination rights” clause.
“The problem with the 1983 agreement is that it violates the statute by basically binding up, or restricting, Thom’s ability to exercise his termination rights for ‘The Grapes of Wrath,’” Dowd told The Associated Press. Gail Steinbeck was not allowed to fully address the issue in court, he said.
In the same case, a judge earlier ruled that the couple had breached a contract between Kaffaga’s late mother and Thomas Steinbeck and his late brother, John Steinbeck IV. The brothers’ mother was the author’s second wife, Gwyndolyn Conger.
Kaffaga’s attorney, Susan Kohlmann, declined to comment before Tuesday’s proceeding.
In a brief to the appeal, however, Kohlmann and another attorney say multiple courts have already upheld the agreement as binding and valid. The agreement, which resolved earlier litigation, gives Elaine Steinbeck’s estate the “exclusive power and authority to control the exploitation and termination” of some of Steinbeck’s works in exchange for the sons getting a larger share of domestic royalties, according to the attorneys.
“Yet, Appellants again seek to hijack this lawsuit and use it as a mechanism to relitigate the issue of the validity of the 1983 agreement by arguing that it is an ‘agreement to the contrary’ under the Copyright Act,” they wrote. “The District Court properly excluded such argument, evidence, and testimony that sought to undermine the holdings of multiple courts confirming the validity of the 1983 agreement.”
The lawsuit followed a decadeslong dispute and litigation between Thomas Steinbeck and Kaffaga’s mother over control of the author’s works.
Thomas Steinbeck had lost most rounds in court, including a lawsuit he and the daughter of his late brother, John Steinbeck IV, brought that spurred Kaffaga to countersue in the case being appealed.
Gail Steinbeck’s previous attorney, Matthew Berger, had argued that Kaffaga’s claim had no merit and that she wasn’t entitled to any damages because most movies optioned are never made and that estimated revenue from unproduced projects was speculation. Columnist John Katsilometes is off today. As of 9 p.m. Monday:
1. Don Banks, longtime NFL reporter, dies at 57
Don Banks, the veteran football writer who was recently hired by the Review-journal to cover the NFL, died in his sleep early Sunday after attending Hall of Fame ceremonies.
2. ‘Allegiant Stadium’ official name for Raiders stadium in Las Vegas
Terms of the naming rights deal were not disclosed, but experts with experience on similar deals say Allegiant is likely paying between $20 million and
$25 million in cash and inkind services a year to put its name on the building.
3. Browns recall ‘Hard Knocks’ lessons as Raiders take center stage
The 14th season of the HBO all-access training camp reality series debuts Tuesday, with viewers getting a close-up look at coach Jon Gruden and his Raiders team.
4. EDITORIAL: The high cost of illegal immigration in Nevada uncovered
As many as one in 14 inmates serving time in a Nevada prison is in the county illegally, and keeping them in prison is costing state taxpayers about
$21 million a year.
5. Raiders stadium in Las Vegas has topping out ceremony
The Raiders held an invitation-only ceremony Monday with dignitaries signing a steel beam that connects the last roof truss to the stadium frame. As of 9 p.m. Monday:
1. Raiders topping ceremony of Allegiant Stadium in Las Vegas
The Raiders held a topping ceremony in Las Vegas where the last beam to connect the last roof truss was hoisted into the stadium frame
2. Henderson officials tried to lure Arizona Diamondbacks from Phoenix
Henderson officials tried to lure Arizona Diamondbacks from Phoenix with four potential stadium sites in mind, including one behind the future home of the headquarters for the Raiders.
3. Court hearing begins for 17-year-old who was found dead
Prosecutors gave opening statements in the murder trial for two teens charged in the death of 17-year-old Matthew Minkler.