LOS ANGELES (CelebrityAccess) CAA has filed a motion to dismiss the Writers Guild of America’s lawsuit against the Big Four talent agencies, asking the court to remove the guild as a complainant.
CAA argues the lawsuit lacks standing under state law to represent members in such a case, according to Deadline Hollywood.
The lawsuit was filed in Los Angeles Superior Court in April; it claims the agencies violated state and federal laws by taking packaging fees on televisions shows that the practice. Although it is a longstanding practice, WGA claims it is unconstitutional kickbacks in violation of the Taft-Hartley Act, which makes it unlawful for employers “to pay, lend, or deliver, or agree to pay, lend, or deliver, any money or other thing of value … to any representative of any of his employees who are employed in an industry affecting commerce.”
CAA says the act does not apply to package fees.
“The WGA does not allege that it has a fiduciary relationship with CAA,” the agency says in its filing. “Instead, the WGA asserts a breach of fiduciary duty claim on behalf of the individual plaintiffs and all unnamed members of the WGA who have ever been represented by CAA. The law prohibits such a claim.”
“The circumstances in which a union, like the WGA, may assert a claim on behalf of its members are limited,” CAA said in its latest answer. “To do so, a union must establish that it has ‘associational standing,’ which requires proof that neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit.”
