Yes, yes, I know the answer is that they could sue them, smartasses. Would such a suit, to recover the fines paid as a result of their Super Bowl “wardrobe malfunction,” be tenable?
One possibility might be for breach of contract, but to know if they could sue you’d need to see the terms of the relevant contract(s),
Why?
It was an accident.
They might be able to sue Timberlake. Why would they sue Jackson, she didn’t do anything.
Unless they could give evidence or proof that she was planning it with him.
CBS can sue whoever they want - whether they have a case is pretty much down to what the contract between them and Jackson and Timberlake or them and MTV (who produced the halftime show) says.
I don’t think this is properly limited to breach of contract. I seriously doubt there was anything in the contract that said J&J would be held liable in the event of FCC fines resulting from their acts. A contract provision is not required to collect damages for intentionally or negligently damaging someone. J&J did something that resulted in CBS being damaged. It seems like there’s little difference between what they did and either intentionally or negligently damaging equipment belonging to CBS. I’m sure if J&J had deliberately or negligently destroyed a half-million dollars of CBS property CBS would seek redress from them.
One bump, for luck. Any lawyers in the house?