QUEBEC, Canada—In a stunning win in one of the adult industry's longest-running court cases, the Superior Court of Quebec ruled on Tuesday that Respondents Alain Elmaleh and his companies, 144942 Canada, Inc. and Leisure Time Video Canada, Inc. must pay Jules Jordan Video and its owner, Jules Jordan, CAD$2,555,020 (US$2,373,568) in damages stemming from Jordan's win in a video piracy case where the plantiffs included Evil Angel Productions and its owner, John Stagliano.
That case, in which the official charges were copyright and trademark infringement, was tried before U.S. District Judge S. James Otero and nine jurors, with the jury originally coming back on August 10, 2007 with a verdict of over $17 million for all plaintiffs, an amount that was later substantially reduced by Judge Otero. Following that verdict, the Evil Angel defendants settled with Elmaleh for an undisclosed sum, but Jordan continued to press his claim for the full amount awarded by the judge.
Elmaleh had appealed his loss, first to the U.S. Supreme Court, which declined to hear the case, and then to the Canadian judicial system, claiming among other things that the federal court system in California did not have jurisdiction to hear the case; that the verdict was "rendered in contravention of the fundamental principles of procedure," and that the outcome was "manifestly inconsistent with public order as understood in international relations." However, on Tuesday, July 15, the Superior Court of Quebec ruled in favor of Jordan on all of those issues, and allowed Jordan to implement enforcement of the jury's award as reduced by Judge Otero. The court also awarded Jordan interest on the full amount of the award dating from Judge Otero's final order in the case dated March 29, 2011 at the current "legal rate," as well as the costs to Jordan in fighting Elmaleh's petition.
One problem, though: The Canadian court rejected Jordan's petition to execute the judgment notwithstanding any further appeal by Elmaleh and his companies, since under Article 199 of Canada's Code of Civil Procedure, Jordan had not shown that his was a "case of exceptional urgency," or "any other reason deemed sufficient in particular where the fact of bringing the case to appeal is likely to cause serious or irreparable injury, for the whole or for part only of a judgment." So depending on what further legal actions Elmaleh decides to take, it may take Jordan a while longer to collect his due.
Jordan himself was not available for comment at press time, but an award of $2,373,568 plus interest and costs is certainly one of the largest verdicts ever awarded to an adult production company.
