Judge dismisses lawsuit against Warner Bros.

U.S. District Judge Margaret Morrow threw out best-selling thriller novelist Tess Gerritsen's lawsuit against Warner Bros. last week.

In the 2014 suit, Gerritsen alleged that the Oscar-winning blockbuster film Gravity was based on her novel of the same name. In 1999 Gerritsen sold the film rights to her book to a production company called Katja, owned by New Line. She received $1 million, along with a promised $500,000 and 2.5% net profits if the film was produced. Gerritsen's lawsuit hinged on her claim that both Katja and New Line were shell companies through which Warner Bros. did business.

In her lawsuit Gerritsen drew links between Alfonso Cuaron's work on Warner Bros. Gravity, and the fact that the renowned director had been at one point writing a screenplay based on her book. She pointed out similarities between the novel and the film, and stated that she wrote scenes in which satellite debris collided with the International Space Station, leaving the main character stranded in space, in an early screenplay version of the story.

Gerritsen's lawsuit was not one concerning copyright violation, however. It is a breach of contract claim in which the author stated she did not receive the $500K or the defined net proceeds she was promised, and that Warner Bros. owed her at lease $10 million in damages.

U.S. District Judge Margaret Morrow stated, "Gerritsen alleges no facts showing that New Line and Katja are 'shell corporations,' nor does she plead facts showing that WB directs New Line's and Katja's business activities. Similarly, Gerritsen does [not] detail how it is that WB exercises complete management, control, ownership and domination over New Line and Katja. Without a factual basis, her conclusory allegations are insufficient."

The judge dismissed the author's complaint and gave her 20 days to file an amended suit.

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Categorised in: Entertainment Law

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