Take a deep dive into the legal fight between the Writers Guild of America and the major talent agencies
Litigation between the Writers Guild of America and the major talent agencies, which the WGA kicked off with a California stateApril 17, has been a slow slog that may gain momentum in the wake of the union’s re-filing Oct. 18 of its claims in federal court.
As a result, it’s impossible to predict outcomes with confidence — but one possibility is a grand fizzle in which both sides see large portions of their suits dismissed. Moreover, any dismissals may well be with leave to amend, allowing the losing party — or parties — to amend their claims and further drag out the uncertainty hovering over the ongoing dispute.
In a related claim, the guild alleges constructive fraud, which sounds nastier than it is: constructive fraud means misleading someone even without fraudulent intent. Further, says the union, packaging fees violate California’s expansive prohibition on unfair competition, because they are a conflict of interest that constitutes a breach of fiduciary duty and constructive fraud.
In that motion, WME argues that the guild and individual plaintiffs lack standing to assert the antitrust and RICO claims, and that the guild lacks standing to pursue the three key state law claims regarding fiduciary duty, constructive fraud and unfair competition.
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