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http://dancemoms.wikia.com/wiki/Kelly_Hyland

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Kelly filed a separate civil lawsuit (pdf, text) in Los Angeles against Collins Avenue Productions and Abby. The lawsuit claimed defamation, assault by Abby in the same Bronx fight (see above), breach of contract, and infliction of emotional distress against her daughter Paige; while seeking lost wages, various economic damages, five million dollars in punitive damages, and declaratory relief in removing constraints written in her contract (e.g., precluding publicity, television and media broadcasts, and otherwise competing with Dance Moms without permission from producers.)[1] Kelly has stated at a Meet and Greet that her concern is getting out of her contract rather than money, with her daughters unable to dance elsewhere, according to that television production contract.[2] (Kelly has also stated that her daughters still dance; although it is unclear in what sense of the word.)[3] In mid-August, 2014, it was reported that judge Ruth Ann Kwan would likely dismiss claims of defamation and emotional distress, but was more likely to allow a trial on contractual matters.[4][5]

On November 17, it was reported that Judge Kwan had dismissed the Hyland's claims of defamation; and also dismissed claims of intentional and negligent infliction of emotional distress against her daughters; but would permit trial on breach of contract, declaratory relief, and negligent damage to the floor in the Hyland's home.[6] According to deadline.com, Judge Kwan simultaneously made similar rulings on the additional complaints made on behalf of Paige in October (document pdf).[7] The Hollywood Reporter stated that two assault complaints against Abby were still in play: the first claiming Abby was the one who attacked Kelly in the Bronx (part of the February filings); the other a claim that Abby assaulted Paige by throwing a chair (filed in October, as the filming for the fifth season began; video of chair incident from season 2.) (Coverage from the Hollywood Reporter does not seem to match that of deadline.com's in regards to the ruling on permitting Paige's case, with that lawsuit's one cause of action being assault, by reasonable fear of being hit by a chair thrown by Abby.)

ReferencesEdit

  1. Lawsuit: "66. An actual controversy has arisen and now exists between Plaintiffs and Defendants concerning their respective rights and duties pursuant to the contract(s) entered into by Plaintiffs and COLLINS. COLLINS seeks to enforce provisions of the contract(s) with Plaintiffs precluding them from engaging in publicity, taking part in television programming, media broadcasts or otherwise competing with "Dance Moms" without COLLINS‘ express written permission."
  2. Dance Moms Meet & Greet Fort Lee, NJ (7.13.2014)
    http://youtu.be/oElT-UgG444?t=4m55s
    Paige: "Um, we don't dance right now, because in our contract it says that we're not allowed, but we're like trying..."
    Kelly: "Because our contract is we will dance with Abby... And that's for another two seasons... we're in Season 4. That's why I'm fighting to get out of my contract. You see on the news that I'm suing for all this money, all's that I want is to be out of my contract..."
  3. https://twitter.com/dancemomkelly/status/513108677369548800
    "Are Brooke and Paige still dancing?”yes"
    4:33 PM - 19 Sep 2014
  4. "Judge Ruth Ann Kwan stated she would likely strike the claims of defamation and emotional distress but permit the contractual claims." http://www.hollywoodreporter.com/thr-esq/judge-inclined-trim-dance-moms-725725
  5. "Judge Ruth Kwan indicated that she will likely throw out the defamation and emotional distress claims that cast member Hyland and her daughters slapped Miller and producers Collins Avenue Entertainment with in their multi-claim February 19 complaint."
    "Judge Kwan also says she may allow Hyland’s breach of contract claims against Collins to continue" http://deadline.com/2014/08/dance-moms-lawsuit-abby-lee-miller-lifetime-kelly-hyland-819658/
  6. http://westsidetoday.com/2014/11/17/judge-dismisses-former-dance-moms-cast-member-kelly-hylands-defamation-claims/
    "Los Angeles Superior Court Judge Ruth Kwan granted defense motions to toss the defamation claims on free-speech grounds. [p] However, Hyland can pursue her breach of contract, declaratory relief and negligence causes of action against Collins, Kwan found. [p] The judge also said Hyland’s daughters, Paige and Brooke, can move forward with their claims against the production company for breach of contract, but not for intentional and negligent infliction of emotional distress.
  7. http://deadline.com/2014/11/dance-moms-lawsuit-tossed-court-defamation-claims-1201287107/ "In fact, Judge Ruth Kwan on Friday not only granted the defendants’ motion and tossed the measures in Hyland’s multi-claim February 19 complaint but also similar claims in her daughter Paige’s filing from last month"

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