In an update on Martha Hart's ongoing lawsuit against WWE for using footage of Owen Hart on recent DVD releases and marketing material, Almost all of the counts were dismissed in federal court this week. The latest ruling tossed out counts against both Vince and Linda McMahon individually and all counts that claimed WWE had no right to use his name or likeness in marketing the DVD releases. Two claims still remain active. The first is a claim on back royalties (expected to be in the $80,000 to $100,000 range).
WWE attorney Jerry McDevitt claimed WWE would have paid the royalties except that "more than a decade ago" Martha Hart's attorneys wrote WWE to not send anymore checks to her. The second claim is in regards to WWE using family photos that included Owen that was used on the Hart Anthology DVD that she claimed to own. WWE says they purchased the rights to the photo from the photographer after the DVD was released and obtained all "necessary clearances" before using it in the DVD.