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The trial
court victories of White O'Connor lawyers are reflected in numerous Supreme
Court, appellate and other published decisions, which not only establish
new legal precedents that govern future cases but also establish White
O'Connor as nationally recognized experts in complicated business and
entertainment lawsuits. Examples of these precedent-setting decisions
that White O'Connor attorneys have won over the past 25 years include
the following:
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Reginald v. New
Line Cinema Corporation, et al. (unpublished decision; review denied
June 11, 2008) (California Court of Appeal upheld the trial court’s
dismissal on summary judgment of an idea submission action and held
that no substantial similarities could be found between the
unpublished "The Party Crasher's Handbook" and the movie "Wedding
Crashers.")
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Zella v. E.W. Scripps
Co., et al. 529 F. Supp. 2d 1124 (C.D. Cal. 2007) (In a groundbreaking
opinion, the Central District of California dismissed, with prejudice, a
claim for copyright infringement arising from one of TV's most popular
cooking shows, Rachael Ray; among other things, the district
court held that copyright
infringement cases may be dismissed at
the pleading stage on substantial similarity grounds,
no amount of proof of access will suffice to show actionable
copying if the works are not substantially similar,
judicial notice was appropriate regarding the elements of the
cooking shows being generic).
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Filerman et al. vs. Misenhimer et al. (unpublished
decision, 2007) (In a dispute over the development and production of a
well-known motion picture into a Broadway musical, the California Court
of Appeal ruled in favor of White O'Connor's client and
denied defendants' request for a reversal of the trial court's order
denying defendants' motion for summary judgment).
- Marder v. Lopez, Sony Music Entm't,
Inc. and Paramount Pictures Corp., 450 F.3d 445 (9th Cir. 2006)
(upholding the validity of a general release waiving any claims
concerning the motion picture Flashdance, including claims of
co-ownership in the copyright for the motion picture, the Ninth Circuit
unanimously affirmed the order of the district court, dismissing
plaintiff's claims against Paramount for declaratory relief and
accounting).
- Thomas v. Infinity Broadcasting
Corporation (unpublished decision, 2005) (The California Court of Appeal
unanimously affirmed the dismissal of all claims brought by a contestant
who competed in a radio show contest).
- Surfvivor Media v. Survivor
Productions, 406 F.3d 625, 2005 WL 1027034 (9th Cir. 2005) (In a
unanimous decision, affirming summary judgment for the producer of the
"Survivor" TV series and the producer of "Survivor" merchandise, the
Ninth Circuit Court of Appeals clarified the legal standards governing
trademark claims asserted under a "reverse confusion" theory).
- Pacific Decisions Sciences Corp.
v. Superior Court (Maudlin), 121 Cal. App. 4th 1100, 18 Cal. Rtpr. 3d
104 (2004) (The California Court of Appeal issued a writ of mandate
ordering the Superior Court to vacate its order to turnover property on
a writ of attachment, holding that the California court did not have
jurisdiction to issue a turnover order for property located outside of
California).
- Sullivan v. CBS Corp., 385 F.3d
772 (7th Cir. 2004) (The Seventh Circuit Court of Appeals unanimously
affirmed summary judgment for CBS and the producer of the hit TV series
"Survivor" against federal trademark claims and Illinois state law
claims asserted by the rock band "Survivor").
- CBS v. The Carsey-Warner Company,
LLC (unpublished decision, 2003) (The California Court of Appeal
reinstated CBS Broadcasting's claims against Carsey-Warner for breach of
the implied covenant of good faith and negligence regarding Carsey-Warner's
efforts to syndicate the television series "Cybill" starring Cybill
Shepherd.
- Time Warner Entertainment
Company, L.P. v. Continental Casualty Company, 72 Fed. Appx. 586, 2003
WL 21774040 (9th Cir. July 30, 2003) (The Ninth Circuit Court of Appeals
affirmed $2.7 million judgment against Continental Casualty Company for
the carrier's failure to defend Time Warner Entertainment Company, L.P.
in an underlying lawsuit brought by Francis Ford Coppola for intentional
interference with prospective economic advantage, intentional
interference with contract, and slander of title).
- Infinity Broadcasting, Inc. v.
Playa Del Sol Broadcasters (unpublished decision, 2002) (The Ninth
Circuit Court of Appeals unanimously upheld the injunction our firm
secured for radio station KROQ-FM against a Palm Springs station
infringing the "K-Rock" trademark).
- CBS Broadcasting, Inc. v. California
Department of Social Services, 91 Cal. App. 4th 892,110 Cal. Rptr. 889 (2001) (In a unanimous
decision, the California Court of Appeal issued a writ of mandate
ordering the disclosure of the names of 8,700 convicted criminals
licensed to work in California's certified child care facilities).
- FM Rocks
v. HSI Productions, et al. (unpublished decision, 2000) (The California Court of Appeal
unanimously affirmed the defense verdict
White O'Connor secured for a leading producer of music videos and television
commercials on a claim of inducing breach of contract).
- Flores
v. CBS Broadcasting Inc. (unpublished decision, 2000) (Reversing a trial
court decision, the Court of Appeal ordered the dismissal, under California's
anti-SLAPP statute, of claims against CBS Broadcasting arising from
an investigative report on restaurant sanitation).
- Sapsowitz
v. Kluge, (unpublished opinion, 1998) (Court of Appeal affirmed a trial
court order disqualifying a law firm representing billionaire John W.
Kluge, Metromedia International Group and others, setting the stage
for the jury trial and favorable verdict described above).
- Milner
v. Butcher (unpublished opinion, 1994) (Court of Appeal reversed a trial
court order which had barred malicious prosecution claims; this appellate
victory set the stage for the 1995 trial which resulted in the record
$33.6 million jury verdict described above).
- Wilson
v. Eu, 1 Cal. 4th 707, 4 Cal. Rptr. 2d 379 (1992) (California Supreme
Court adopted a statewide election redistricting plan proposed by Andrew
M. White on behalf of a caucus of the California Assembly).
- Danjaq,
S.A. v. MGM/UA Communications Co., 773 F. Supp. 194 (C.D. Cal. 1991)
(District Court dismissed copyright claims asserted against MGM/UA by
the producer of the James Bond films).
- Aisenson
v. American Broadcasting Company, Inc., 220 Cal. App. 3d 146, 269 Cal.
Rptr. 379 (1990) (a frequently cited decision, which upheld summary
judgment in favor of ABC against defamation and privacy claims asserted
by a Superior Court Judge as the plaintiff).
- Fine v.
Barry & Enright Productions, 731 F.2d 1394 (9th Cir. 1984) (Ninth Circuit
Court of Appeals affirmed summary judgment in favor of TV game show
producers and broadcasters in an antitrust action brought by a game
show participant).
- Partee
v. San Diego Chargers Football Co., 34 Cal. 3d 378, 194 Cal. Rptr. 367
(1983) (California Supreme Court applied the Commerce Clause of the
United States Constitution to uphold dismissal of antitrust claims).
- Worldvision
Enterprises, Inc. v. American Broadcasting Companies, Inc., 142 Cal.
App. 3d 589, 191 Cal. Rptr. 148 (1983) (Court of Appeal upheld summary
judgment for ABC, confirming that a spun-off subsidiary cannot assert
business tort claims against its former corporate parent).
- Stein
v. United Artists Corp., 691 F.2d 885 (9th Cir. 1982) (Ninth Circuit
Court of Appeals upheld the defenses of motion picture producers and
distributors to antitrust and business tort claims asserted by shareholders
of a motion picture theater operator).
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WHITE O'CONNOR FINK & BRENNER LLP
10100 Santa Monica Blvd., Twenty-Third Floor
Los Angeles, CA 90067
310.712.6100 Telephone
310.712.6199 Facsimile |
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