(2013) Tags: New Line
Brittle v. Warner Bros. Entertainment Inc.
Evergreen Media Holdings, LLC v. Warren
Evergreen Media Holdings, LLC v. Warner Bros. Entertainment, Inc.
Brittle v. Warner Bros. Entertainment Inc.
This case centers on the adventures of Ed and Lorraine Warren, paranormal investigators. In 1980, Gerald Brittle published a book about the Warrens, The Demonologist. In 2013, 2014, and 2016, The Conjuring, Annabelle, and The Conjuring 2, respectively, premiered in movie theaters. Brittle has sued the writers, directors, producers, and distributors of these movies for copyright infringement, among other related claims.
Judgment: Settlement agreement under seal.
Evergreen Media Holdings, LLC v. Warren
Despite previously agreeing that Mr. DeRosa-Grund would be a producer in connection with all projects based on New Line’s selected Case Files, New Line and Warner Bros. have refused to engage Mr. DeRosa-Grund’s producer services, to compensate him for the rights, or to provide him with a producer credit, or Evergreen corporate credit, in connection with “Annabelle,” the anticipated sequel to “The Conjuring,” i.e., “The Conjuring 2: Enfield,” or any other prequel, sequel, remake, or spinoff of “The Conjuring.”
Judgment: Defendant Graymalkin Media, LLC’s Motion to Dismiss is DENIED without prejudice to renewal if discovery demonstrates that personal jurisdiction is lacking.
Evergreen Media Holdings, LLC v. Warner Bros. Entertainment, Inc.
The facts of this case read like a Hollywood movie script, and for good reason. The parties dispute who has the rights for a horror movie franchise. Acting through Evergreen Media Holdings, LLC, Tony DeRosa-Grund bought the exclusive “life rights” of two paranormal investigators and wrote a screenplay drawn from one of their case files. After emerging from bankruptcy with his rights to the screenplay intact, DeRosa-Grund negotiated to sell New Line Productions the rights to the screenplay and to the life rights. The negotiations resulted in a Quitclaim Agreement to sell DeRosa-Grund’s rights to both and a Producer Agreement entitling him to production credit on certain future productions based on them. The Agreements contained clauses requiring the parties to arbitrate any disputes “arising out of or related to” them under the JAMS Arbitration Rules and Procedures. The Agreements required the parties to arbitrate whether the arbitration clauses required the parties to arbitrate their disputes. The Agreements also included forum-selection clauses requiring the parties to litigate any nonarbitrable disputes in Los Angeles County.
DeRosa-Grund’s screenplay became the basis for “The Conjuring,” a New Line and Warner Brothers Entertainment movie that grossed over $300 million worldwide. The relationship between DeRosa-Grund and New Line deteriorated. In 2013, New Line and Warner Bros. initiated arbitration proceedings against DeRosa-Grund, asserting breach of contract and interference with their trademark and intellectual property rights. DeRosa-Grund answered the arbitration complaint and asserted counterclaims for breach of contract.
After obtaining a postponement of the arbitration hearing on health-related grounds, DeRosa-Grund sued New Line and Warner Bros. in the federal district court for the Southern District of Texas, asserting similar breach-of-contract claims and adding several other allegations.