from www.cincinnati.com - The court fight for control of the Hustler pornography empire will happen in Cincinnati after all.
A federal judge here has decided to add the partnership battle between brothers Larry and Jimmy Flynt to a trademark infringement case already on his docket.
That means the dispute will be heard in Cincinnati instead of California, where the case appeared headed just a few months ago.
"We think it's appropriate to do it here," said Bob Hojnoski, Jimmy Flynt's lawyer. "It's an issue we want to litigate and resolve."
The Flynt brothers, who have worked together for 40 years, had a falling out three years ago when Larry Flynt fired Jimmy's two sons and then sued them when they launched their own pornography business using the Flynt name.
Larry Flynt, who has been the public face of Hustler since its founding, sued his nephews and got a court order barring them from using the Hustler brand name or his own name to market videos and sex toys.
But that was just the first round.
He also fired Jimmy Flynt, took back his brother's company car and attempted to evict Jimmy Flynt from downtown Cincinnati's Hustler store, which he has operated for years. Jimmy Flynt then sued his brother, claiming he was a full partner in the Hustler business and deserves at least half the company's assets.
Larry Flynt has repeatedly said his brother was never more than an employee - and not a very good one. He said he's fired him several times and owes him nothing.
"He has not been a partner, is not one and will never be one," said Mark VanderLaan, Larry Flynt's lawyer.
U.S. District Judge William Bertelsman, who already was overseeing a trademark dispute between the brothers, told lawyers on both sides last month that he also would be willing to hear the partnership dispute. The Flynts agreed and set a trial date of Jan. 18.
The decision comes about two months after a Hamilton County judge said the partnership issue should be settled in Hustler's home state of California, a move Larry Flynt supported at the time.
But VanderLaan said the trademark case involves many of the same issues and it makes sense to deal with both at the same time.
The Flynts are no strangers to legal battles - they faced obscenity charges together in Cincinnati as recently as the 1990s - but this time they will be on opposite sides. Both are expected to testify at the trial, which could take weeks.
The key to the case is whether Jimmy Flynt can prove he was more than Larry Flynt's brother and employee. He and his lawyers say the brothers have maintained a partnership since the first Hustler Club opened in Cincinnati in the late 1960s.
Jimmy Flynt says the clubs were in his name because Larry Flynt had a criminal record and couldn't get a liquor license. He says he also made several important decisions for the company, including branching off into the profitable retail business, and that he often had to run the company while Larry was ill or suffering mental breakdowns.
Larry and his lawyers deny those claims and say Jimmy was an employee who could be hired and fired like any other.
"Jimmy didn't add anything of value to the company, but I continued to employ him," Larry told The Enquirer earlier this year. "He's my brother. I don't go around telling people he's a bum."
