So happy Olsen stuck up for Scarlett. Olsen clearly has more balls and integrity than the rest of the guys. They play heroes on film, but run away like cowards when it actually comes to being men. *roll eyes*
She's fine for money, the point of Wes Anderson is he's one of the big directors, and she's still getting hired. The point being the more people who see you can work outside of Disney, the less they'll tolerate this bullsh*t.
"We are Shakespeare. We are Michelangelo. We are Tchaikovsky. We are Turing. We are Mercury. We are Wilde. We are Lincoln, Lorca, Leonardo da Vinci. We are Alexander the Great. We are Fredrick the Great. We are Rustin. We are Addams. We are Marsha! Marsha Marsha Marsha! We so generous, we DeGeneres. We are Ziggy Stardust hooked to the silver screen. Controversially we are Malcolm X. We are Plato. We are Aristotle. We are RuPaul, god dammit! And yes, we are Woolf."
I don't think that that is the point at all. I think the point is exactly about money and making a lot of it.
And for the record, I think that Disney broke the contract, but based on what she is asking for, I think she is being very unrealistic. And I don't think she'll be able to prove damages to the amount that she is asking for.
Don't actors usually sue or negotiate contract disputes more on the principle of the matter (e.g. if a company screws me over and I don't say anything, then the odds of other companies doing the same later go up)?
I'm not an actor or anything, but I could see her going for the full money just to maximize the odds that any hypothetical settlement are closer to the original amount than not.
Doctor Strange: "You are the right person to replace Logan."
X-23: "I know there are people who disapprove... Guys on the Internet mainly."
(All-New Wolverine #4)
That's 100% the point. Her sueing Disney is not hindering others hiring her, point and case: Wes Anderson. Which only will fuel her more. If Disney can make her undesirable she might back off, but they've failed that. Giving her little reason to backdown. It's a win for Scarlett.
Is the obligation more in her court to prove the film would have made that money, or for Disney to prove it wouldn't? It's very difficult to ever know for certain, because Disney pulled the trigger far too quick. And as the lack of data is their fault... I assume the obligation to categorically prove the negative falls into their court. Which will be very, very hard. Film success is... fickle. Somethings become blockbusters when bad, and some films utter duds when good. It's not a science (trust me, producers would love for it to be a science), so Disney will find it very, very hard to prove it would have failed.
This is 100% about the principle of the matter, 100%. Disney stabbed her in the back, for no reason other than to make a little bit more money to add to their billions. It's shameless greed. And Scarlett is one of the most powerful actresses in Hollywood right now, she's one of the few who has the ability to use her power to tackle the monstrous Goliath that is Disney. Actors with power, who stand by and do nothing... it's upsetting. That's where the whole #MeToo came from, too many, for too long, stood by and did nothing. And the men of the MCU are standing by and doing nothing. Just like with Joss Whedon, it's the non-Caucasian actors and women who have to do the heavy lifting in the battle... while the str8 white actors stand by, heads down, hoping they ride the wave.
Bravo Scarlett. Hopefully soon Disney will trigger America's monopoly laws and have their film empire dismantled piece by piece.
"We are Shakespeare. We are Michelangelo. We are Tchaikovsky. We are Turing. We are Mercury. We are Wilde. We are Lincoln, Lorca, Leonardo da Vinci. We are Alexander the Great. We are Fredrick the Great. We are Rustin. We are Addams. We are Marsha! Marsha Marsha Marsha! We so generous, we DeGeneres. We are Ziggy Stardust hooked to the silver screen. Controversially we are Malcolm X. We are Plato. We are Aristotle. We are RuPaul, god dammit! And yes, we are Woolf."
Disney is the defendant, so burden of proof would be on the plaintiff. Breach of contract is probably not hard to prove (some people seem to think there might be some force majeure exception, but I don't really find that persuasive) but as a civil action she has to prove damages, i.e. the money she is suing for is for the money that she has allegedly lost due to Disney's breach. Disney just has to prove that the damages are less than she is asking.
https://www.upcounsel.com/consequenc...ing-a-contract
Remedies for a Breach of Contract
Under the law, once a contract is breached, the guilty party must remedy the breach. The primary solutions are damages, specific performance, or contract cancellation and restitution.
Compensatory damages: The goal with compensatory damages is to make the non-breaching party whole as if the breach never happened.
Punitive damages: Though rare, this happens when the breaching parted acted egregiously. The non-breaching party receives a payment beyond the damaging amount.
Nominal damages: When the non-breaching party did not suffer a monetary loss, the court or the arbitrator may award nominal damages as a token award.
Liquidated damages: There are situations where both parties outline costs in the contract. This is known as liquidated damages. The damage amount must be a reasonable estimate of actual damages.
I mean, there could be punitive damages, but that's mostly at the courts discretion, and I would find it odd in this circumstance. (but it's possible) But what she's likely going to get would be compensatory damages.
A report from the Wall Street Journal states that the sibling directing duo were in talks with the studio to make a glorious return to the Marvel Cinematic Universe after delivering the one-two punch of “Avengers: Infinity War” and “Avengers: Endgame.” However, their negotiations apparently hit an “impasse” amid the Johansson dispute, which reportedly led the director duo to harbor their own concerns about the unnamed film’s release model and how they’ll be paid. https://theplaylist.net/russo-brothe...suit-20210904/
Looks like this is really going well for Disney.
Tolstoy will live forever. Some people do. But that's not enough. It's not the length of a life that matters, just the depth of it. The chances we take. The paths we choose. How we go on when our hearts break. Hearts always break and so we bend with our hearts. And we sway. But in the end what matters is that we loved... and lived.
I mean, the fact that they are interested at all I would take as a positive if I was Disney. They had pretty much said they were done with Marvel and wanted to do their own stuff. So the fact that they are in talks is more of a positive thing since it reflects that they have more of an interested then prior to the report.... So yeah.
So two big things. The head of the cca went to chapek and asked BEFORE the lawsuit to please lets get this fixed. chapek told him "i'll call you" then never did!
Second looks like scarlett was promised "it's 100% going to theatres only and if they change it you will be called to redue things" and then chapek wouldn't even pick up her calls.
Yikes!
John talks about it here.
Last edited by Gaastra; 09-07-2021 at 07:19 PM.
Part 2.
Last edited by Gaastra; 09-07-2021 at 06:53 PM.