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Script Writer Newton's Funding-Help Lawsuit Against Former NBCUniversal Vice-Chair Meyer Is Dismissed
The U.S. District Court for the Southern District of New York dismissed a lawsuit by filmmaker Joshua Newton against Ron Meyer, former Vice Chairman of NBCUniversal Media (NBCU). Newton v. Meyer (22 Civ. 540). Newton alleged Meyer acted as his agent to help Newton find funding interest in two of Newton's scripts, including "Nicole & O.J." But according to the court: "All the while, Meyer was allegedly hiding inappropriate relationships that he and other Hollywood executives had with an actress who was the anticipated star of Newton's ['Nicole & O.J.'] After details of those relationships became public, all investor interest in 'Nicole & O.J.' vanished, and the film remains unmade to this day." Newton sued Meyer alleging breach of fiduciary duty, fraudulent inducement and negligent misrepresentation. Dismissing Newton's complaint with prejudice, Southern District Judge John P. Cronan concluded: "Newton fails to adequately allege the formation of a fiduciary relationship, that any of Meyer's statements were false or materially misleading, or that any reliance on Meyer's statements was reasonable." On the first claim, District Judge Cronan explained: "In this case, Newton acknowledges that no formal talent agreement existed between him and Meyer … Rather, Newton alleges that 'Meyer, acting in the course and scope of his actual or apparent authority on behalf of NBCUniversal as its Vice Chairman, agreed to represent Plaintiff as his actual or de facto talent agent to obtain financing and distribution of Newton's films.' … [But] Newton does not allege that Meyer had an explicit or implicit 'power to bind' Newton, 'power to negotiate' on behalf of Newton, 'power to affect any legal relations of' Newton, or 'power to do anything except find and introduce prospect[ive]' investors to Newton."
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Stan Soocher is Editor-in-Chief of Entertainment Law & Finance and Professor Emeritus of Music & Entertainment Industry Studies at the University of Colorado Denver. For more info: https://www.stansoocher.com.
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