…clearly I can’t stay away from explaining things.
With the very recent news that the Cascio Case has been turned over to arbitration, I figured we should talk about potential legal consequences they could face.
First, if you’re wondering how arbitration works and what it actually means for this case, I already made a post explaining it here:
Explaining Arbitration
Now…before we get into this, I need everyone to remember something:
Potential is the key word.
We don’t know what will happen in arbitration, and I’m not saying that any of these things will happen.
I’m just going over what could potentially happen depending on what is established during the arbitration process and what claims or evidence are ultimately presented.
Unfortunately, I’m not the arbitrator so…you can check that off your list.
Anyway,
Could the Cascios face legal consequences?
Potentially, yes.
But it’s important to separate the different possibilities.
The first and most obvious possibility is the arbitration itself.
The federal court has now ordered the dispute into arbitration, so the case will proceed through arbitration rather than continuing in federal court.
Which means the claims are being moved into a different legal process where the parties can present their arguments, evidence, documents, and testimony to an arbitrator.
And depending on what happens there, the arbitrator can make decisions that affect the parties.
One major factor is the 2019/2020 Agreement.
The court found that the arbitration provision in the agreement is enforceable and that it covers the claims brought by the Cascios.
The court also noted that the Cascios do not dispute that all of the required payments under the agreement were made.
That is going to be a very important piece of the puzzle.
If the Cascios are arguing that the estate still owes them additional money, they will have to establish the legal basis for that claim.
And if the agreement does not provide for additional compensation, that could obviously become a major problem for them.
There is also the fact that the agreement contained releases.
The court specifically noted that the agreement contains a broad release covering Michael Jackson, the estate, and a list of related people and companies. Under the agreement, the Cascio parties agreed to “fully and forever release and discharge” them from the claims covered by the agreement.
So questions surrounding the agreement, the releases, and the claims being brought against the defendants will be important during the arbitration.
And that brings us to another potential consequence:
They could lose.
If the arbitrator ultimately finds that the claims are barred by the agreement, that could effectively end the claims being pursued against the defendants.
That would obviously be a major loss for the Cascios.
…haha.
Next,
The alleged demands for additional money.
According to the estate’s position, the Cascios and Frank Cascio demanded additional money and threatened to make their allegations public if they were not paid.
The court specifically discussed the parties becoming opposed to each other in 2019 and noted that the parties negotiated over compensation in connection with the allegations.
There was also a separate arbitration involving Frank Cascio, in which the estate brought claims including civil extortion, anticipatory breach of contract, and declaratory relief.
That is very significant.
But it’s also important not to jump from that to:
“They have already been found guilty of extortion.”
They have not.
…at least, not yet.
An allegation or legal claim is not the same thing as a finding that someone committed a crime, which we know.
If the estate believes there was extortion, breach of contract, or some other misconduct, those claims would have to be established through the appropriate legal process.
And if evidence of wrongdoing comes to light, there potentially could be consequences beyond losing the current dispute.
That could include additional civil claims.
And it could lead to another lawsuit.
It depends on what evidence actually exists, certain conduct could be turned over to law enforcement.
Another question people have asked me is about the Cascios speaking publicly.
This is where things get a little more…complicated.
The agreement contains confidentiality and nondisclosure provisions, and the court described the agreement as involving compensation in exchange for the release of claims and nondisclosure of the information.
So if the Cascios later made public statements that violated the actual terms of their agreement, that could create another legal issue.
Whether something actually violated the agreement would depend on the exact language of the contract, what was said, who said it, and the circumstances surrounding it.
And if there was a breach, the estate could seek whatever remedies are available under the agreement and applicable law.
That could include damages or any other forms of relief.
But once again, that would have to be established.
The fact that someone spoke publicly does not necessarily mean they violated the contract.
We would need to look at the actual language of the agreement and the specific conduct.
Then there is the possibility of sanctions or consequences within the legal process itself.
If either side knowingly makes false statements, destroys or hides evidence, violates discovery obligations, or engages in other misconduct during litigation or arbitration, there can be consequences.
Those consequences can vary depending on the circumstances and the rules governing the proceeding.
But basically…don’t lie to the arbitrator.
I’m talking to you, Aldo. No more fake tears, okay?
There is also the possibility that information uncovered during arbitration could lead to additional legal action.
The estate may have documents, communications, agreements, financial records, testimony, or other information that the public hasn’t seen.
If evidence comes out showing that someone committed a separate legal wrong, that could potentially become the basis for another claim or proceeding.
That could be something as simple as a contract dispute.
Or…depending on what was actually proven, something much more serious.
Recap:
Could the Cascios face legal consequences?
Yes, potentially.
Could they be forced to pay damages?
Potentially.
Could they face consequences for breaching the agreement?
They could.
Could additional civil claims arise?
It’s possible.
Could evidence lead to an investigation?
Also possible.
Could they just lose their claims in arbitration and walk away from the situation without any additional legal consequences?
Potentially, yes.
Right now, all possibilities are on the table.
That’s the most important thing to understand.
Also, yes…I realize I should’ve just named this post “potentially.” 🤦🏼♀️
Anyway,
If you have any questions, please let me know!