(2010) Tags: Lionsgate
Double Life Productions Inc v. Writers Guild of America West Inc
Webb v. Stallone
Alta Vista Productions, LLC v. St. Paul Fire & Marine Insurance Co.
DIRECTORS OF MOTION PICTURE INDUSTRY PENSION PLAN v. NU IMAGE INC.
Double Life Productions Inc v. Writers Guild of America West Inc
Plaintiff seeks an Order commanding the WGA to investigate its own member David Callaham for his alleged fraudulent conduct with respect to a 2009 WGA screen credit arbitration pertaining to the motion picture The Expendables. Mr. Callaham largely “prevailed” in the 2009 WGA screen credit arbitration and was granted credited rights.
This WGA arbitration concerns whether Mr. Callaham is entitled to certain “bonus” sequel writing payments with respect to the motion picture Expendables 2, even though Mr. Callaham did not provide any writing services whatsoever concerning Expendables 2.
Judgment: Parties have settled.
Webb v. Stallone
Plaintiff Marcus Webb accuses defendant Sylvester Stallone of copying Webb’s screenplay The Cordoba Caper for Stallone’s 2010 action movie The Expendables. On this basis, Webb brought the instant copyright infringement action against Stallone, his co-writer David Callaham, and the various Hollywood entities that produced and distributed The Expendables — Alta Vista Productions, Double Life Productions, Lions Gate Films, Lions Gate Home Entertainment, Millennium Films, and Nu Image Films.
Judgment:In favor of defendants dismissing the complaint with prejudice
Alta Vista Productions, LLC v. St. Paul Fire & Marine Insurance Co.
Alta Vista made three claims on the policies that resulted from the medical issues of two of the actors, Jason Statham and Sylvester Stallone. Alta Vista alleges that the insurers underpaid two of the claims, and improperly denied coverage for the third.
Judgment: IT IS HEREBY ORDERED that St. Paul Fire & Marine Insurance Company’s Motion for Partial Summary Judgment Regarding Plaintiff’s Two Week Production Hiatus Claim is DENIED.
DIRECTORS OF MOTION PICTURE INDUSTRY PENSION PLAN v. NU IMAGE INC.
On May 6, 2013, plaintiffs Directors of the Motion Picture Industry Pension Plan and Directors the Motion Picture Industry Health Plan filed suit against defendant Nu Image, Inc., an independent film production company. The complaint asserts the following claims: (1) failure to comply with audit obligations of the Employee Retirement Income Security Act; (2) failure to make residual contributions to the Plans; (3) failure to make certain payroll contributions to the Plans; and (4) breach of contract in violation of Section 301(a) of the Labor Management Relations Act.
In brief, the Plans allege that pursuant to several collective bargaining agreements, defendant is obligated to remit pension and health contributions to the Plans when defendant makes films utilizing labor from certain unions. According to the Plans, defendant has failed to make certain payments on the following twenty-one films: 16 Blocks; Bad Lieutenant: Port of Call New Orleans; Beyond a Reasonable Doubt; Blonde Ambition; The Cleaner; The Code; Day of the Dead; The Expendables; Til Death; Homeland Security; King of California; Leatherface 3D (Texas Chainsaw Massacre); Labor Pains; Mad Money; Major Movie Star; Microwave Park; Olympus Has Fallen; Rambo IV; Righteous Kill; Solitary Man; and Wicker Man.