Stand-by Joined: 8/18/12
Welp, a judge denied their motion for dismissal. Judge statement and producer response, in case you missed it on the main page: https://www.broadwayworld.com/article/New-York-Judge-Denies-Dismissal-of-ANASTASIA-Lawsuit-20170125
I wonder what was presented as Exhibits A-K for the motion to dismiss? Sadly the documentation isn't free.
Broadway Legend Joined: 7/29/08
Broadway Star Joined: 1/12/17
Wow. I wonder what that means for the show. Will it be postponed?
Broadway Legend Joined: 1/30/15
" I am unable to make such a complicated comparison. In order to do so, I would need to take judicial notice of facts said to be historical -- an inappropriate exercise. I would also have to analyze similarities and differences among different literary expressions."
The judgment doesn't seem to favor either side. I feel like someone will eventually cave if the case isn't resolved by the courts but I wish they'd get it over with so I could confidently buy a ticket to this show already.
Stand-by Joined: 8/18/12
"The judgment doesn't seem to favor either side. "
Correct. The judgement is basically saying "I can't dismiss this immediately because I don't have all of the information yet and I need to have an expert come in and look at this." The expert will probably be key since the new musical's producers are arguing that the only similarities between the two productions are that they start with the "basic idea of the historical story of the real-life Anastasia" but otherwise "the works are not similar."
neon and zain, the show will go on as regularly scheduled
Broadway Legend Joined: 7/29/08
I know the show will go on as scheduled, that wasn't my question.
" I could confidently buy a ticket to this show already."
You can confidently buy a ticket now.
Broadway Star Joined: 12/23/15
the revival in 2037 will be titled : Anastasia and the Lawsuit that followed.
I would think that the show would proceed, for the simple reason that all the plaintiff wants is money, and thus a complete victory would just mean that any profit would have to be shared. NB that if the show opens and closes at a loss, the lawsuit is moot. Also note that the decision denying the motion is the only correct one.
Understudy Joined: 11/4/16
Would the plaintiffs be seeking a royalty as a writer? (from gross Box Office) - or a share of profits as a producer?
Understudy Joined: 11/4/16
Would the plaintiffs be seeking a royalty as a writer? (from gross Box Office) - or a share of profits as a producer?
Broadway Legend Joined: 1/30/15
I wasn't quite sure which thread to bump. I was looking for a previews thread or the Hartford thread with more discussion of the show but I couldn't find it.
Anyway, I remember the Ever After musical in NJ lifting whole passages of the screenplay for the dialogue. But there were some weaknesses in Anastasia that could have easily been improved by just keeping what worked so well in the movie. The reveal scene with her grandmother is one that sticks out. Is there some reason (particularly in light of their legal troubles) that they wouldn't have been able to use the movie dialogue or stick too closely to it? Or was that just a choice by the production?
Stand-by Joined: 8/18/12
Finally an update. The case is set to go to trial after one more meeting to determine if there is any more discovery left.
Here's an article with the judge's statement after he once again denied McNally's motion to dismiss:
https://www.hollywoodreporter.com/thr-esq/anastasia-musical-lawsuit-steps-trial-as-judge-evaluates-similarities-historical-fiction-1099289
The judge's summary is pretty interesting and fits what I expected based on reading what I could of the case's various statements/motions/exhibits (except what was sealed which sadly is most of the interesting stuff) through pacermonitor. Anyone interested in the case should definitely read through the whole judge statement in that article.
Stand-by Joined: 8/18/12
In case anyone else was following this. According to the latest court documents, the parties reached a settlement and the case has been closed.
From PacerMonitor:
Letter Motion to Adjourn Conference. A suggestion of settlement having been made, this case is dismissed. If the settlement is not consummated within 30 days of this order, or an authorized enlarged date, either party may apply by letter for restoration of the action within 10 days after the close of said period. All pending court dates are cancelled. The Clerk is directed to close the case
I hope we get some sort of news site update from Hollywood Reporter or another site that covered the previous activity with the lawsuit. It will be interesting to see what, if anything, we can know about the settlement reached.
Often settlements come with non-disclosure agreements - neither side talks. And, frankly, it's none of our business. (I understand the curiosity factor.)
Broadway Legend Joined: 3/21/05
lambchop2 said: "I hope we get some sort of news site update from Hollywood Reporter or another site that covered the previous activity with the lawsuit. It will be interesting to see what, if anything, we can know about the settlement reached."
Most settlements have a confidentiality clause. I doubt we'll know anything about the settlement terms unless the settlement indicates disclosure of certain settled issues.
I suppose if some kind of "based on the play by Marcelle Maurette and Guy Bolton"-type credit starts appearing within the show's details in the near future (eg within certain future tour stops' programs), or it doesn't, that may tell us a little about the settlement terms? I may be off-base here.
Postscript to the above post: I notice that some current/upcoming productions of this show are now acknowledging Marcelle Maurette and Guy Bolton.
'Standard' Japanese production: https://www.anastasia-japan2020.jp/ (when the image automatically changes to that shot of Anastasia on the bridge, there's a small acknowledgement there in English)
Takarazuka production: https://kageki.hankyu.co.jp/revue/2020/anastasia/index.html
Tour in Toronto: https://www.stage-door.com/3/Reviews/Entries/2019/12/anastasia.html (the acknowledgement is quoted within this review)
Stand-by Joined: 8/18/12
Thanks for that update! Seems probable that acknowledgement in current/future productions was part of the settlement between the two parties.
Although it's funny--one of the reviews from the tour explicitly mentioned it being based on the play, even though at the time the producers were vehemently denying any relation. Oops.
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