The Walt Disney Company was dealt a major blow this week when the Ninth Circuit Court of Appeals denied Disney’s request to block discovery in Gina Carano’s wrongful termination case against them. This development could have significant ramifications for the future of the entertainment industry, as the trial is set to proceed, and Disney will be forced to release internal communications and emails that led to their decision to fire Carano from her role in The Mandalorian over three years ago. This trial could potentially change the landscape of Hollywood forever.
In a recent interview, Carano expressed her pleasure with the opportunity to keep moving forward with the judicial process and into discovery. She also thanked her supporters, her lawyers, and Elon Musk for their support in continuing the lawsuit and seeking justice. “I am obviously very pleased with the opportunity to keep moving forward with the judicial process and into discovery. While I wish this was not necessary as it is not my desire to be in this battle in court. I will not shrink away from it because it is hard or uncomfortable.”
UPDATE:
After the Judge DENIED Disneys request to DISMISS my case, Disney requested permission to immediately appeal that decision to the Ninth Circuit Court of Appeals and delay all discovery while that appeal takes place.
Yesterday, October 16th, 2024 we learned that the… https://t.co/zEcR4pZcFw pic.twitter.com/v7xHVTCw8l
— Gina Carano 🕯 (@ginacarano) October 17, 2024
The suit alleges that Disney terminated Carano’s employment and took retaliatory actions to limit and deny her future employment opportunities. Disney’s denial of early review of The Mandalorian actor’s bias suit further highlights the importance of the case. The company lost its bid to get immediate appellate review from the U.S. Court of Appeals for the Ninth Circuit over whether the First Amendment protected its ability as an artistic entity to make casting decisions based on an individual’s advocacy that harmed its own expression.
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The trial is expected to take place in the second half of 2025, which could impact when Kathleen Kennedy, President of Lucasfilm, finally decides to retire. Kennedy has been a key figure in the failed projects at Lucasfilm, and her role in the case is paramount. The outcome of the trial could lead to Kennedy being held accountable for her actions and potentially removed from her position.
The case is being defended using a law that protects political speech in California. In the past, this law has been used to defend communists, but now it is being used to defend not only conservatives but also moderates. If studios, such as Disney, cannot fire people for expressing moderate or conservative views, this could transform California’s political landscape.
US District Court for the Central District of California Judge Sherilyn Peace Garnett wrote in her decision that usually, a case cannot be appealed until after the court enters its final judgment, but “parties may obtain interlocutory appeal of an otherwise non-appealable order ‘if conditions specified in the section are met, the district court so certifies, and the court of appeals exercises its discretion to take up the request for review.'”
Garnett said that the Defendants failed to meet the burden of proof established for approving an interlocutory appeal, which can be granted if it “involves a controlling question of law,” “there is substantial ground for difference of opinion,” and “an immediate appeal … may materially advance the ultimate termination of the litigation.”
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Tech billionaire Elon Musk chose to support Carano in this battle because he believes that Disney’s actions were wrong, and he wanted to expose the company’s hypocrisy in silencing those with moderate political views. This trial could have far-reaching implications for the entertainment industry, as it would no longer be able to blacklist individuals for expressing their opinions and potentially change the face of Hollywood forever.
As the trial progresses and internal communications are revealed, it will be very interesting to see how this case impacts the industry and the future of Kathleen Kennedy’s role in Lucasfilm. I support Gina and her fight for justice and free speech in Hollywood, which is far from over, and this case may be a turning point in the industry’s history.
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English (US) · 