Barbara A. Fitzgerald

Much of Fitzgerald's work is in the entertainment industry, with membership in Women in Film and the American Bar Association's Motion Pictures, Television, Cable and Radio Division of the Forum on the Entertainment and Sports Industries.

When independent filmmaker Nu Image Inc. — the producer of "London Has Fallen," "Olympus Has Fallen," "Conan the Barbarian," the "Ninja" series and "The Expendables" — came under fire from health and pension plan officials for alleged nonpayment of residuals and payroll contributions, Fitzgerald mounted a successful defense. Directors of the Motion Picture Industry Pension Plan v. Nu Image Inc., 13-cv-03224 (C.D. Cal., filed May 16, 2013)

Nu Image contended that the plaintiffs' claims were barred by the doctrine of equitable estoppel because the plaintiffs had specifically promised Nu Image that, as an independent producer, it would not owe residuals and payroll contributions, Fitzgerald said. Nu Image also argued that the claims were otherwise barred by the doctrine of laches and the statute of limitations because the plaintiffs waited too long to file suit.

"My client didn't have the promise in writing," Fitzgerald said. "But we had evidence the promise had been acted upon."

The pension plan officials moved for summary judgment. In what Fitzgerald called a sweeping victory, U.S. District Judge Christina A. Snyder of Los Angeles denied the motion and ruled that Nu Image had successfully raised triable issues of material fact as to each asserted defense, permitting the case to proceed to trial on the merits. "A reasonable trier of fact could conclude based on the pre-2006 course of dealing that Nu Image reasonably relied on these claimed [nonpayment] representations," Snyder wrote in a November 2014 order. The plaintiffs soon after agreed to a stipulated resolution of the dispute.

"It was highly risky for them to go to trial," Fitzgerald said. "There were several millions of dollars at stake. And this was only the start. They were going to go after all the independents, and they were wise to consider that a risk as well."

— John Roemer