On Wednesday, the California Court of Appeal for the Second Appellate District in a unanimous decision affirmed the dismissal of Calibra Pictures' lawsuit against Variety arising from the review of Calibra's film "Iron Cross."
In addition to the $57,474 in attorneys' fees and costs awarded to Variety by the trial court for its successful Strategic Lawsuit Against Public Participation (SLAPP) motion, the Court of Appeal ruled that Variety is entitled to recover its attorneys' fees and costs from Calibra for the appeal.
The court found Variety had a virtually unfettered right under the First Amendment to choose what to print regarding the film and it did not waive that right in the advertising contract between the parties. In addition, the court held that none of Calibra's causes of action against Variety, which included breach of contract, negligence, fraud, breach of fiduciary duty and unfair business practices, had any legal merit and therefore all were properly dismissed by the trial court.
Variety was represented by David Jacobs of EpsteinBeckerGreen.
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