May 26, 2011: DC Entertainment Scores Victory in Superman Lawsuit

Variety reports that DC Entertainment is on the verge of scoring a key victory in the latest chapter of the ongoing Superman lawsuit between the company and the estates of Jerry Siegel and Joe Shuster.

Earlier this year DC filed a counter-suit against attorney Marc Toberoff, who is representing the estates of Siegel and Shuster, for poisoning the relationship between DC and said estates.

Toberoff has tried to get the counter-suit struck off on the basis of client/attorney privelege being breached by DC and Warner Bros. for using key documents in the case that were initially stolen from Toberoff's office by a former associate.

However, since Toberoff obeyed a subpeona from one court to hand copies of the documents to federal authorities investigating the theft, U.S. Magistrate Judge Ralph Zarefsky has now found that Toberoff breached this priveledge himself. And so the documents can now be used in a case against him. Toberoff maintained that he has an agreement that the documents would be confidential, but it seems that wasn't enough.

If Judge Zarefsky's ruling stands, DC will be one step closer to retaining key rights to the Superman property.