Milton H. Greene Archives, Inc. v. Marilyn Monroe LLC
692 F.3d 983
| 9th Cir. | 2012Background
- Marilyn Monroe executed her Last Will and Testament in New York in 1961, naming a New York executor.
- Monroe died in California in 1962 while maintaining New York residency and staff; her estate engaged in California ancillary probate for tax purposes.
- For forty years, the estate’s representatives (Frosch and later Anna Strasberg) asserted Monroe died domiciled in New York, minimizing California estate taxes.
- A district court later held that California’s posthumous right of publicity could not pass via Monroe’s will as of 1962, but California later amended law to allow descendible publicity rights if domicile favored California.
- Monroe LLC (owned by Strasberg and others) asserted ownership of Monroe’s right of publicity under California law; Milton Greene contested ownership, arguing no descendible right existed under the law at Monroe’s death.
- The district court found that judicial estoppel barred Monroe LLC from arguing California domicile, applying New York domicile to controls and thus denying pass-through of a posthumous right of publicity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What was Monroe's domicile at death for law purposes? | Monroe LLC: domicile California to enable California publicity rights. | Milton Greene: Monroe died in New York; New York law applies. | Monroe died domiciled in New York; New York law applies. |
| Whether judicial estoppel bars Monroe LLC from claiming California domicile based on prior representations | Monroe LLC not estopped; prior statements were not knowingly false. | Milton Greene: district court correctly applied judicial estoppel. | Monroe LLC is judicially estopped from asserting California domicile. |
| If Monroe LLC is estopped, does New York law govern the right of publicity passage via the will? | If domicile New York, no descendible right exists under New York law at death. | If California domicile were allowed, California §3344.1 could descend through the will. | Because Monroe died in New York, New York law applies; no posthumous right of publicity passed through the will. |
Key Cases Cited
- New Hampshire v. Maine, 532 U.S. 742 (2001) (identifies factors for judicial estoppel)
- Wyler Summit P'ship v. Turner Broad. Sys., Inc., 235 F.3d 1184 (9th Cir. 2000) (no estoppel where positions not inconsistent)
- Johnson v. Oregon, 141 F.3d 1361 (9th Cir. 1998) (inadvertent inconsistent statements may defeat estoppel)
- Associated Press v. Otter, 682 F.3d 821 (9th Cir. 2012) (three-part test for judicial estoppel application)
- Taylor v. Sturgell, 553 U.S. 880 (2008) (estoppel categories for nonparties (pre-existing relationships))
- Schendel v. Chicago, Rock Island & Pac. Ry. Co., 270 U.S. 611 (1926) (privity concepts for res judicata)
- Luckhardt v. Mooradian, 92 Cal. App. 2d 501 (1949) (California estoppel extends to heirs/administrators)