In the wake of Kira Kener’s settlement from Vivid (I initially believed over one million dollars, now I believe around $300,000 of which at least 50% will go to her attorney), various ex-Vivid girls (from circa 2001) are lining up to sue the company along the same lines that Kira and Marty Singer took.
Porn may never be the same (since Marty Singer took an interest in contract girls).
I’d say that girls such as Malezia, Janine, Christy Canyon, Devon, etc may be very interested in seeking to emulate Kira’ success.
Could you imagine if one of these porn girls got Gloria Allred to rep them?
I wonder if Steve Hirsch’s problems with sleeping pills (ambien?) muddied his thinking on the Kira suit to let it go so far.
The news report should not be taken as a benchmark for what was and was not a factor in the settlement. Nowhere in the report does it say that the marital aid was the “primary factor” in the settlement. That was simply the most salacious aspect of the lawsuit. A news story reading, “Porn Star Glad to Settle Dispute Over Website Revenues” wouldn’t have been nearly as “sexy,” don’t you think? The reporter obviously accessed the same court files that Luke has accessed (and which, presumably, Moxie has accessed, from the same source), and it was the reporter who picked and chose what to emphasize. Settlement conferences are confidential – the reporter would not have been present, and the parties certainly would not have disclosed their reasons for settling, nor did any details of the settlement get disclosed (see the news report). So, Luke’s “reportage” of the figure of a million dollars is nothing more than idle speculation. Ditto for his amendment of the estimate to $300,000 (and under California law, an attorney cannot take fifty percent of a settlement – if the lawyers had advanced costs on the case, they could recoup those costs in addition to a contingency fee of no more than 40% – but in this case, the firm did not advance the fees).
Oh, and as far as not hearing anyone say that Vivid’s interpretation of Kira Kener as an independent contractor was incorrect? You’ll hear it right now: Kira Kener would have been found to have been an employee of Vivid Entertainment under California law. The terms of the written agreement are not controlling in California; you have to look to the totality of the circumstances and the manner in which the hiring party (Vivid) treats the person hired (Kener). Where the hiring party dictates when and where someone works, how they do the job they’re hired to do, what they wear, and whether or not they can be fired, California courts have found that such relationships can be defined as “employer-employee” as opposed to an “independent contractor” situation.
As for the potential grievances of other Vivid girls, those would most likely be based on website revenues, although at least one other Vivid girl had direct personal knowledge of unsanitary conditions on a Vivid set.
Further, do you remember when Cal/OSHA (the California Occupational Safety and Health Administration) wanted to step in and “police” porn sets, stating there were workplace health issues involved? The porn industry said, “No thanks, we’ll police ourselves,” and this led to AIM’s predominance as an industry “safeguard” against the spread of disease. I would not be surprised if the allegations of this lawsuit make their way to the desk of someone at Cal/OSHA and if Cal/OSHA renews its interest in seeking some government regulation of porn shoots.
Luke is saying that Kira’s settlement is over a Million. I’m not sold on that, especially if there were other girls coming next. Why would Vivid give in just to start over again with a new lawsuit? As for other Vivid girls are lining up in the wings- CBS reported that the marital aid was the primary factor in the settlement. Did the other girls work with used marital aids as well?
Vivid’s contract permitted them to terminate Kira at any time. I’ve not heard anyone say that Vivid’s interpretation of their contract was incorrect on this point. The reason that Kira may have gotten past the contract is that she was alledged to have been wrongfully terminated due to blowing the whistle about HIV dangers on the set– a no no under California law. So, no allegations of wrongful termination and the other Vivid girls have no case on the contract.
The only other basis for recovery would be under the web agreement–which has not been reported as being a factor in the settlement. I’ve been clear that I just don’t see that much money in single girl pornstar sites (especially girls like Kira that have not done a film in a few years).
I’m going to get back to reviewing the evidence I’ve collected on Kira’s case and let you know what light that sheds on the settlement.