Stuart Benjamin, et. al. v. The Walt Disney Company, et. al.
Published: Sep. 1, 2007 | Result Date: Jun. 6, 2007 | Filing Date: Jan. 1, 1900 |Case number: 05CV2280 Summary Judgment – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Pierce H. O'Donnell
(Greenberg, Glusker, Fields, Claman & Machtinger LLP)
Defendant
Martin D. Katz
(Sheppard, Mullin, Richter & Hampton LLP)
Facts
Plaintiff Stuart Benjamin is an Oscar-nominated producer/screenwriter. In September of 1997, Benjamin sent his screenplay "Rescue Me" to Walt Disney Pictures and Touchstone Pictures. After various communications with Walt Disney Pictures, the studio eventually passed on the screenplay.
Benjamin claimed that Touchstone Pictures' 2002 film "Sweet Home Alabama" was based on the screenplay he had sent to Walt Disney Pictures and Touchstone in 1997. In 2005, he brought suit in Los Angeles federal court against various Disney entities, alleging copyright infringement, breach of implied contract and breach of confidence.
Result
U.S. District Court Judge George Schiavelli granted Disney's motion for summary judgment. Hon. Shiavelli held that "plaintiff failed to establish that there were any substantial similarities between the two works." Schiavelli also held Benjamin's breach of contract and breach of confidence claims were time-barred.
Other Information
Plaintiff is expected to appeal to the 9th U.S. Circuit Court of Appeal.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390