Media & Entertainment Law

SAG Lawsuit Still Grinds On; Court Denies SAG?s Motion to Dismiss Appeal

By Jonathan Handel, Esq.

As I previously reported, SAG?s counsel in late May filed a motion to dismiss the appeal by SAG president Alan Rosenberg and three other Membership First hardliners (1st VP Anne-Marie Johnson and board members Diane Ladd and Kent McCord) of a Superior Court order that denied their application for a temporary restraining order. On June 5?just days before the new TV/theatrical contracts were ratified?Rosenberg et al. filed a brief opposing the motion to dismiss.

Unfortunately, the Court of Appeals on June 9 issued a one-sentence order denying the motion to dismiss, presumably meaning that the appeal is too complex to be decided without oral argument (or, at least, full briefing). So, the appeal grinds on. Rosenberg et al. previously filed their brief in the appeal. SAG?s responsive brief is due July 1. Thereafter, Rosenberg et al. get to file a reply brief, and then there will probably be oral argument at some point. Within 90 days after the oral argument, the court will issue its ruling.

In other words, the appeal will probably drag on until sometime in November unless Rosenberg et al. are persuaded to drop it. Meanwhile, the suit itself proceeds in the trial court as well. Confused as to how a case can proceed in two courts at once? Well, it happens, and the legal fees aren?t cheap. All of this sounds like a campaign issue that Unite for Strength will probably raise?why reelect a president who persists in suing his own union? UPDATE: Indeed, as SAGWatch points out, by continuing to pursue their lawsuit, Rosenberg et al. are reneging on a promise Anne-Marie Johnson publicly made to withdraw the suit if the TV/theatrical contracts were approved.

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Full post as published by Digital Media Law on June 15, 2009 (boomark / email).