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Month: March, 2021

Early Sullivan’s Representation of “Blacklight” Screenwriter Covered in The Hollywood Reporter

Devin McRae and Zachary Gidding recently filed a complaint on behalf of Federal Trade Commission attorney and first-time screenwriter Nick May, which alleges that “Ozark” co-creator Mark Williams wrongfully claimed a writing credit on the upcoming Liam Neeson film “Blacklight.” According to the suit, Williams stole credit for May’s script, along with the potential net profits that come with the film, by claiming the sole “screenplay by” and “written by” credit for himself, while only giving May a “story by” credit.

For more information on the suit, see The Hollywood Reporter.

Bryan Sullivan Quoted in The Hollywood Reporter on Harassment Claims and the Extent of Government Reach

Bryan Sullivan was recently quoted in Ashley Cullins’ Hollywood Reporter article “‘Criminal Minds’ Dispute Raises Questions About Government Reach.” The article discusses California’s Department of Fair Employment & Housing (DFEH) complaint alleging that Disney had enabled director of photography Gregory St. Johns to create “an unchecked intimidating, hostile, and offensive work environment on the set of ‘Criminal Minds.’”

The article goes on to question whether DFEH can pursue an injunction against Disney when St. Johns no longer works for the company and the series has ended. DFEH claims that none of that matters because Disney is still in business and their human resources department oversees personnel issues.

Bryan stated, “It seemed to me that the state is saying this may have happened on Criminal Minds but your response to these kinds of complaints is a systemic problem that requires more oversight than what you’re doing.” He adds, “I would think it’s going to be tough to argue ‘you have a systemic issue in how you respond to these complaints.'” Bryan concludes by saying, “I find it interesting that the state is pursuing it so aggressively over a show that is canceled. They must feel that there’s something more there to put this amount of effort into the case. Maybe they’re trying to send a message because Disney is a big company. ‘If we’ll go after Disney, we’ll go after you too.'”

Click below to read the full article.

‘Criminal Minds’ Dispute Raises Questions About Government Reach

Early Sullivan’s Coverage Determination On Behalf Of Old Republic Affirmed On Appeal

The United States Court of Appeals for the Fifth Circuit upheld Early Sullivan’s coverage determination, involving a complex mechanic’s lien dispute, on behalf of client Old Republic National Title Insurance Company (“Old Republic”). At the center of the dispute was the famed Cal-Neva Lodge & Casino that sits on the border of California and Nevada — a property Frank Sinatra once co-owned in the 1960s.

Hall filed suit against Old Republic for breach of contract, breach of the duty to defend, breach of the duty of good faith and fair dealing, and violations of Chapter 541 of the Texas Insurance Code, claiming that coverage was improperly denied, for which Hall sought over $5,000,000 in damages.

The coverage opinions, prepared by Scott Gizer, concerned whether Hall had coverage under the insuring provisions of the title policy that insured the lien priority of Hall’s deed of trust, and under certain mechanic’s lien endorsements, as well as whether Hall’s claims were excluded from coverage under Exclusions 3(a), excluding matters created by the Insured, and 3(d), post-policy events. Scott Gizer opined that, because all of the work covered by the mechanic’s liens was post-policy work, and arose due to Hall’s internal decision to discontinue funding its construction loan months prior to notifying any of the contractors, there was no coverage for the claim and was excluded from coverage.

Early last year, the U.S. District Court for the Northern District of Texas found that Scott Gizer’s and Old Republic’s coverage opinions were correct, Ordering that Hall take nothing by its claims against Old Republic, and that those claims be dismissed with prejudice. The United States Court of Appeals for the Fifth Circuit recently affirmed summary judgment.

Click “Download PDF” to read the 5th Circuit Opinion.

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