SESSION MUSICIAN SUIT CONTINUES AGAINST SAG-AFTRA
On November 6, 2018, U.S. District Judge Christina Snyder dismissed without prejudice claims filed by a class of session musicians based upon defendants’ breach of their duty of impartiality, but denied the motion to dismiss claims based upon breaches of loyalty, reasonableness and good faith. On June 22, 2018, Kiesel Law LLP and Johnson &…
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On October 11, 2018, the Music Modernization Act (“MMA”) became the law in the United States. As previously featured in the September 26, 2018, Lowe & Associates’ article: “Music Industry Peace Treaty Known As The “Music Modernization Act” Approved By Both House and Senate,” this piece of copyright legislation will make major changes to how…
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Olivia de Havilland is now asking the U.S. Supreme Court to revive her lawsuit against FX docudrama “Feud: Bette and Joan” (see, Lowe & Associates’ April 18, 2018 article “California Appeals Court Shuts Down de Havilland Case) after the California Supreme Court refused to hear her case. In a petition for certiorari de Havilland filed…
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On October 10, 2018, the Second Circuit overturned a lower court’s order enjoying the production of a film about the 1977 plane crash that killed three members of Lynyrd Skynyrd. Because the lower court order said the film could legally cover the “experience” of crash survivor Artimus Pyle, Lynyrd Skynyrd’s drummer from 1974-1977, but not…
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On October 12, 2018, Former Fleetwood Mac member Lindsey Buckingham (“Buckingham”) filed a lawsuit in California state court against his former band members claiming he was kicked out and replaced without warning after 43 years. Buckingham, the guitarist and vocalist for the group, claims his bandmates breached their verbal agreement and ousted him after he…
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On October 11, 2018, a California appeals court ruled that a waiter, Gabriel Rueda (“Rueda”), claiming to have set up the lucrative boxing match between Floyd Mayweather, Jr. and Manny Pacquiao, will have his day in court. Among other findings, the Court of Appeals found that defendants did not properly bring an “Anti-SLAPP” motion against…
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On September 18, 2018, the Second Circuit affirmed the dismissal of a suit that accused Dreamworks and Simon & Schuster of stealing a screenplay that was used for “Light Between Oceans.” The Second Circuit found that there were not enough similarities between the screenplay written by Joseph Nobile (“Nobile”) entitled “The Rootcutter,” and the best-selling…
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On September 19, 2018, U.S. District Court Judge Philip Gutierrez issued a 15-page order that dismissed a sexual harassment claim filed by Ashley Judd (“Judd”) against Harvey Weinstein (“Weinstein”), but allowed her to maintain her intentional interference and defamation claims claim based upon a smear campaign launched by Weinstein after she rejected Weinstein’s sexual advances.…
Read MoreOn September 14, 2018, the Cousteau Society filed a suit in New York federal court against Jacques Cousteau’s granddaughter, Celine Cousteau (“Celine”), over the use of Cousteau’s name and signature red cap to promote her 10-part television series that will be broadcasted in early 2019 on the Science Channel. The Cousteau Society is also accusing…
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On September 10, 2018, U.S. District Judge R. Gary Klausner issued an 11-page ruling that denied Coachella partial summary judgment on its trademark infringement claims against Trevor Simms (“Simms”)- organizer of “Filmchella,” a three-day film festival held in Joshua Tree, California- by deciding a reasonable jury could find the two festivals are not similar enough…
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