Judge Won't Sanction Attorney of Superman Creators' Heirs

There was "no deliberate attempt to mislead," a judge rules in turning down Warner Bros.' efforts to punish Marc Toberoff for alleged discovery misconduct.

Marc Toberoff, the attorney representing the estates of Superman co-creators Jerry Siegel and Joe Shuster, got some welcome news after a disappointing few months in battles over rights.

On Friday, U.S. District Judge Otis Wright has denied Warner Bros.' bid for sanctions against Toberoff.

The studio's DC Comics subsidiary demanded that Toberoff be penalized for how he has shielded documents on the basis of attorney-client privilege in the discovery process.

But the judge references some of the drama over many of the documents in question.  Toberoff had documents stolen from him, and after cooperating with authorities in the investigation of the theft, an appeals court ruled that Warners could use them.

Wright said he has reviewed the vast discovery records of this case.

"The Court comes away from the investigation with the view that DC's Motion for Evidentiary Sanctions is really just a rehashing of the tortured course of discovery in these Superman matters," he wrote.

The judge said he was "deeply troubled" by Toberoff's failure to update privilege logs but determined there was "no deliberate attempt to mislead."

Here's the full ruling... http://www.scribd.com/doc/129359588/Sanctions

Read More... http://www.hollywoodreporter.com/thr-esq/judge-wont-sanction-attorney-superman-426989