Judge notes previous involvement in Gaiman lawsuit
MENOMONIE — The federal judge overseeing the lawsuit against author Neil Gaiman has had previous interactions with the defendant, and notified the attorneys for both sides in case either wants him to step aside.
Judge James Peterson entered the notification to say he had worked for a law firm that represented Todd McFarlane in a prior suit by Gaiman. That case dates to 1993, when McFarlane contracted Gaiman to write an issue of 'Spawn,' McFarlane's character. He worked with several guest authors, including luminaries of the genre like Alan Moore, Frank Miller and Gaiman to help raise the comic's profile.
Gaiman created several new characters for his issue. They were used in later issues as well. Gaiman filed the suit claiming he and McFarlane co-owned the characters since he had created them, albeit within McFarlane's comic. A judge agreed with Gaiman.
A second suit later saw Gaiman file after McFarlane created replacement characters Gaiman said were derivative of his work. A judge again sided with Gaiman.
Peterson's notice said he 'did not make a formal appearance, and I had only minor involvement in the case. To the best of my recollection, I may have reviewed some briefs written by others and I attended part of the trial.'
Peterson said he does not believe that involvement warrants recusal, but wanted to ensure anyone who disagreed can voice an objection 'before I have to make substantive decisions in this case.' He set a deadline of March 28 for a motion for recusal 'for the parties who have appeared,' and April 4 for those who have not.
The latter option appears to be a reference to Gaiman's estranged wife, Amanda Palmer. Palmer is named in the suit brought by Scarlett Pavlovich, as having introduced her to Gaiman as a sitter for the couple's son despite her knowledge of prior predatory behavior by Gaiman.
Palmer has not yet formally responded to the suit.
Attorneys for Gaiman have asked the court to dismiss the suit, noting that all the allegations involve behavior in New Zealand and that both Gaiman and Pavlovich were New Zealand residents at the time. They contend the case should be handled under New Zealand law, not in Wisconsin.
Pavlovich's attorneys have asked for additional time to respond to that motion, saying they need additional time to consult with experts on the question of New Zealand law versus the United States.
Magistrate Judge Anita Marie Boor granted the request, though reluctantly. She wrote the court was 'skeptical' that the plaintiff's argument met the standard for moving deadlines only for good cause. Referring to New Zealand's laws 'should not be entirely unexpected given the allegations in the complaint.'
The new deadline is April 11 for Pavlovich and April 30 for the defense reply.
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