Timothy McGonigle and his client, Calibra Pictures, filed a lawsuit against the long time entertainment trade paper, Variety.
The lawsuit claims that Variety proposed an exclusive media package to the producers of "Iron Cross" that would position the film for an Academy Award nomination. Shortly after agreeing to the proposed media package Variety promptly turned around and wrote a scathing review of "Iron Cross," ruining the film's chance for success and backed out of their original agreement of promotion.
The film, which featured veteran actor Roy Scheider's last performance, had no distributor. This exclusive deal with Variety would allow for "Iron Cross" to be promoted with print and online ads, 40,000 DVDS with the film's trailer, and inclusion in Variety's awards screenings series. This partnership cost Calibra Pictures $400,000, with an additional $800,000 to finish the film in a timely manner so that it would be nominated for the Academy Awards.
Timothy McGonigle states that the suit, which was filed in the Los Angeles Superior Court, is suing Variety for contractual breach, negligence, fraud and deceit, and unfair business practices in the defamation of "Iron Cross."
Timothy McGonigle states "My client seeks general damages, punitive damages, restitution of funds paid and an injunction to prevent Variety from any additional comments on "Iron Cross" in the future."
NYT Article: www.nytimes.com/2010/03/10/business/media/10variety.html
Timothy D. McGonigle handles a broad spectrum of litigation disputes on behalf of individuals and corporations. The firm, founded in 1989, is one of the top plaintiff firms in Los Angeles and has obtained numerous multi-million dollar verdicts and settlements on behalf of the firm's clients. Timothy D. McGonigle is the firm's principal trial attorney, having practiced law for twenty years. The firm handles Civil Litigation in all California Courts, including Attorney Malpractice and Attorney Fee Disputes, Intellectual Property Disputes, Registered Representative disputes with brokerage houses, Insurance Disability Dispute, Insurance Bad Faith, Mold Litigation, Business Torts, Stock Broker Disputes, Securities Litigation. The firm is an "AV" rated law firm, the highest rating available, which demonstrates the high quality of legal services provided to the public.