Articles Posted in California Business Litigation

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A screenwriter/producer is suing The Walt Disney Company over its award-winning animated film “Zootopia.” The writer claims that the entertainment giant stole his idea after he pitched it to studio executives in 2000 and 2009.

Copyright-Law-135827413-001Gary Goldman, whose many credits include writing the script for “Total Recall” and acting as an executive producer for “Minority Report,” filed the lawsuit in March 2017. Goldman asserts that he produced a treatment in 2000 that dealt with “an animated cartoon world that metaphorically explores life in America through … anthropomorphic animals.” His treatment included a human cartoonist who creates the world of the anthropomorphic animals, which would be called Zootopia. The title of the project was “Looney.”

Goldman says he pitched his idea to a Disney executive in 2000, but that the studio passed on the project. The subject came up again in 2009, this time with Goldman providing executives with a more developed treatment that included illustrations and descriptions of characters. Disney said the project would be considered, but Goldman alleges that they never contacted him. Shortly afterward, Disney appeared to be developing a Zootopia project of their own.

The plaintiff in this case appears to have done almost everything right. He registered the original treatment with the Writer’s Guild to protect ownership of the source material. However, current media reports do not disclose whether or not he took further steps to protect his rights, like asking Disney executives to sign a legally-binding agreement before showing them any intellectual property.

The question of whether Disney “stole” or was at least “inspired by” Goldman’s ideas remains unanswered at this time. Comparing the character illustrations commissioned by Goldman with the final look of the characters in the completed film does show some similarities. However, this is not necessarily enough to convince a judge that Disney borrowed someone else’s ideas. After all, anthropomorphic animals confronting human issues in a cartoon world is hardly a concept that hasn’t been explored in detail before Zootopia.

Companies and individuals that want to protect valuable intellectual property are encouraged to consult with legal counsel before sharing their ideas.

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A Workers’ Compensation claim made by a woman who lost part of her leg at work has been upheld by the Commonwealth Court of Pennsylvania. The decision comes after her employer, Starr Aviation, disagreed with the decision of the Workers’ Compensation Appeal Board, which ruled that the worker was entitled to compensation.

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Modesty Colquitt was driving a luggage transporter at the Pittsburgh Airport in September 2014 when the accident occurred. The transporter overturned, pinning Colquitt’s left leg beneath it. She was taken to the hospital, where her left leg was amputated below the knee.

The case seems cut-and-dried. However, there are additional facts that are worthy of consideration. Starr Aviation argued that Colquitt was not performing her job duties when the she was driving the transport. Colquitt had forgotten her wallet and feminine hygiene products on that day. Knowing that she would need lunch and the feminine hygiene products during her shift, she called her mother to bring them to her. Colquitt obtained permission from her supervisor to take the transport to meet her mother, which is when the accident occurred.

Both the Workers’ Compensation Appeal Board and the court relied on the “personal comfort doctrine,” a rule of law which stipulates that a worker is still “on-the-job” if they temporarily leave to take medication, use the restroom or complete other small tasks that make it possible for them to perform their job. In essence, the judges felt that Colquitt would have been adversely affected by not having her wallet and the required feminine hygiene products. She simply would not have been able to perform as effectively if she did not have lunch or access to appropriate feminine hygiene products.

This decision comes despite the testimony of co-workers who offered her crackers and pointed out that feminine products were available in the restroom. However, the judge found that this testimony related to “collateral issues” rather than whether or not compensation could be claimed.

Work Injury claims are almost always complicated. This is why it is imperative for California employers to work with experienced attorneys who can offer valuable guidance and advice.  If you have any questions about business litigation or work injuries feel free to contact me, Rich Oppenheim at 818-461-8500 or use the “Contact” option in the right column.