It’s Ariana Madix‘s turn to speak out.
16.04.2024 - 23:53 / variety.com
Gene Maddaus Senior Media Writer Two men who rented “Yesterday” on Amazon Prime after seeing Ana de Armas in the trailer, only to discover that her role was removed in the final cut of the film, have settled their false advertising lawsuit. Peter Rosza and Conor Woulfe sued Universal in 2022, alleging that they were each cheated out of $3.99. A federal judge initially sided with them, finding that movie trailers are not immune from false advertising claims.
But various setbacks followed, leaving the men on the hook for $126,705 in Universal legal fees. On Friday, they accepted a settlement that will resolve the case. The terms were not disclosed and neither side responded to a request for comment.
From the evidence of court filings, nobody is happy with the outcome. Universal believes it was forced to spend two years and hundreds of thousands of dollars defending a patently frivolous lawsuit. Meanwhile, the plaintiffs’ class action lawyers — who initially believed the claim was worth millions of dollars — ended up believing that California’s courts are rigged in favor of the Hollywood studios.
If the case has any lasting significance, however, it comes from a ruling in which the court sided against the studio and for the plaintiffs. Universal took the position that movie trailers are works of art and therefore they should be protected by the First Amendment. The studio warned that if they were treated merely as advertising, viewers could sue every time they thought a movie didn’t live up to the trailer.
U.S. District Judge Stephen Wilson rejected that argument, finding that trailers are “commercial speech,” subject to false advertising laws. The difficulty for the plaintiffs, however, was converting that victory into
.It’s Ariana Madix‘s turn to speak out.
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