SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Gina Carano Sues Disney Over ‘Mandalorian’ Firing In Lawsuit Funded by Elon Musk
Go
New
Find
Notify
Tools
Reply
  
Gina Carano Sues Disney Over ‘Mandalorian’ Firing In Lawsuit Funded by Elon Musk Login/Join 
I swear I had
something for this
posted
I'd usually post this in The Lair, but this seemed big enough to warrant a post in The Lounge.

https://www.hollywoodreporter....lon-musk-1235817466/

To give some context, here's two videos, the first that happened when she was originally fired from LucasFilm and the other was just posted including Gina Carano's statement on X.






quote:
Gina Carano Sues Disney Over ‘Mandalorian’ Firing In Lawsuit Funded by Elon Musk

The actress claims the entertainment giant discriminated against her for voicing certain opinions on hot-button issues.

In an escalation of a standoff over her firing in The Mandalorian, Gina Carano is suing Disney and Lucasfilm for discrimination and wrongful termination in a lawsuit that opens another front in the battlefield for influence over Hollywood that has drawn in corporate America.

Carano, in a complaint filed on Tuesday in California federal court, alleges she was fired for voicing right-wing opinions on social media and seeks a court order that would force Lucasfilm to recast her. Elon Musk, making good on a promise to foot the legal bill for users who claim they have been discriminated against due to their activity on his platform, is helping fund the suit through X.

In a statement, X’s head of business operations Joe Benarroch said, “As a sign of X Corp’s commitment to free speech, we’re proud to provide financial support for Gina Carano’s lawsuit, empowering her to seek vindication of her free speech rights on X and the ability to work without bullying, harassment, or discrimination.”

Lucasfilm in 2021 announced that Carano will not be returning to the hit series after sharing a post in which she said “most people today don’t realize that to get to the point where Naxi soldiers could easily round up thousands of Jews, the government first made their own neighbors hate them simply for being Jews. How is that any different from hating someone for their political views?”

It was the latest in a long string of posts in which the former MMA fighter drew the ire of social media users for right-wing positions on hot-button issues. Carano, who was dropped by UTA following the controversy, previously mocked government mandates to wear masks during the COVID-19 pandemic and falsely suggested that voter fraud occurred during the 2020 presidential election.

In a statement clarifying the post on X, Carano on Tuesday said, “My words were consistently twisted to demonize & dehumanize me as an alt right wing extremist.”

According to the complaint, Disney and Lucasfilm harassed and defamed Carano for refusing to conform with their viewpoints on issues relating to Black Lives Matter, preferred pronouns and disproven claims of election interference. While she was allegedly fired for her cultural and religious beliefs, Carano argues that the entertainment giant turned a blind eye to her male costars, who allegedly made offensive and denigrating posts directed towards Republicans. She points to Pedro Pascal’s 2017 post comparing former president Donald Trump to Hitler.

The suit says Disney required Carano, who was paid $25,000 per episode as a guest actor and later negotiated a one-time $5,000 bonus, to meet with representative of the Gay & Lesbian Alliance Against Discrimination and demanded a public apology.

“Defendants went so far as to try and convince Carano’s publicist to force Carano to issue a statement admitting to mocking or insulting an entire group of people, which Carano had never done,” the complaint states.

After she refused, Carano was told to meet with Lucasfilm president Kathleen Kennedy and 45 employees who identify as LGBTQ+, according to the suit. She declined and was terminated shortly after from The Mandalorian, as well as other titles in the Star Wars universe, including Rangers of the New Republic.

Carano also alleges Disney engaged in a “post-termination smear campaign,” citing the abrupt removal of an episode of Running Wild with Bear Grylls in which she appeared from the “show’s scheduled lineup” in an “effort to malign” her. Though the episode eventually aired, Disney allegedly omitted any mention of her name and likeness in promotional materials.

The suit faults Disney’s termination of Carano as the impetus for UTA and her transactional lawyer dropping her as a client.

Carano brings claims for wrongful discharge and sex discrimination. She seeks a court order that would force Lucasfilm to recast her and at least $75,000, plus punitive damages.

“Some of us have been unjustly singled out, harassed, persecuted and had our livelihoods stripped away because we dared to encourage conversation, asked questions, and refused to go along with the mob,” she said in a statement.

At-will employees, who make up the majority of private sector workers, often face an uphill climb in obtaining damages for terminations over problematic online posts deemed to be offensive and in violation of workplace policies. Unlike employees in the public sector, such workers are not shielded against discipline under the First Amendment.

On X funding the suit, Carano added, “I am honored that my case has been chosen to be supported by the company that has been one of the last glimmers of hope for free speech in the world.”

Last year, Musk pledged to fund legal action for users on X who claim they have faced discrimination by their employers over their activity on the platform. The offer came with “no limit” on costs, with Musk saying he would “go after the boards of directors of the companies too.”

Amid a hardening position on issues such as gender politics and race in the Republican Party, Ron DeSantis made “holding woke corporations accountable” one of the main pillars of his failed presidential campaign. Last year, he assumed control of the special tax district that controls development around Disney World in a move intended to retaliate against the company for voicing opposition to a law that limits classroom discussion on sexuality and gender.



This is a huge swing in the Culture War and the richest man in the world is taking it to a company that can't afford many more losses.
 
Posts: 4421 | Location: Kansas City, MO | Registered: May 28, 2004Reply With QuoteReport This Post
Member
posted Hide Post
quote:
At-will employees, who make up the majority of private sector workers, often face an uphill climb in obtaining damages for terminations over problematic online posts deemed to be offensive and in violation of workplace policies. Unlike employees in the public sector, such workers are not shielded against discipline under the First Amendment.

That's going to be the biggest obstacle, along with proving there was collusion to black-ball her out of other film opportunities.
If Musk is bankrolling this and they end up being victorious, it could set a precedent in how contract employees are treated.
 
Posts: 15030 | Location: Wine Country | Registered: September 20, 2000Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
posted Hide Post
How does this amount to sex discrimination?

I am not very expert on employment law, but was she in a protected class that is protected from adverse employment action? Protected classes include gender, race, and others, but I don't know if political views are protected from action by your private employer.

I like and support Carano. Disney did her dirty, and I hope she has a legitimate case, but I am not sure she does.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53226 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
always with a hat or sunscreen
Picture of bald1
posted Hide Post
Hope Disney takes it their ass as they've become nothing Walt would ever be proud of.



Certifiable member of the gun toting, septuagenarian, bucket list workin', crazed retiree, bald is beautiful club!
USN (RET), COTEP #192
 
Posts: 16503 | Location: Black Hills of South Dakota | Registered: June 20, 2010Reply With QuoteReport This Post
Nullus Anxietas
Picture of ensigmatic
posted Hide Post
quote:
Originally posted by jhe888:
I like and support Carano. Disney did her dirty, and I hope she has a legitimate case, but I am not sure she does.
Unlike JHE, IANAL, but, reading the bases of the complaint I will be pleasantly surprised if she prevails.

But, admittedly, pleasantly mainly because the defendant is Disney. Generally I'm inclined to side with the employer in such things--even when they treat their employees poorly, as Disney did Carano, IMO.



"America is at that awkward stage. It's too late to work within the system,,,, but too early to shoot the bastards." -- Claire Wolfe
"If we let things terrify us, life will not be worth living." -- Seneca the Younger, Roman Stoic philosopher
 
Posts: 26009 | Location: S.E. Michigan | Registered: January 06, 2008Reply With QuoteReport This Post
His diet consists of black
coffee, and sarcasm.
Picture of egregore
posted Hide Post
I think her legal leg to stand on is wobbly at best, but at least the suit will take up Disney's time and money. Not long ago I wouldn't have approved of this tactic, but that ship has sailed.
 
Posts: 28586 | Location: Johnson City, TN | Registered: April 28, 2012Reply With QuoteReport This Post
paradox in a box
Picture of frayedends
posted Hide Post
quote:
Originally posted by jhe888:
How does this amount to sex discrimination?

I am not very expert on employment law, but was she in a protected class that is protected from adverse employment action? Protected classes include gender, race, and others, but I don't know if political views are protected from action by your private employer.

I like and support Carano. Disney did her dirty, and I hope she has a legitimate case, but I am not sure she does.


Her male costar posted similar and was not fired. I believe that is the basis for her suit.




These go to eleven.
 
Posts: 12598 | Location: Westminster, MA | Registered: November 14, 2006Reply With QuoteReport This Post
Nullus Anxietas
Picture of ensigmatic
posted Hide Post
quote:
Originally posted by frayedends:
Her male costar posted similar and was not fired. I believe that is the basis for her suit.
Similar but different, if I'm reading it correctly. The male costar was expressing opinions in line with Disney's woke/leftist values, no?



"America is at that awkward stage. It's too late to work within the system,,,, but too early to shoot the bastards." -- Claire Wolfe
"If we let things terrify us, life will not be worth living." -- Seneca the Younger, Roman Stoic philosopher
 
Posts: 26009 | Location: S.E. Michigan | Registered: January 06, 2008Reply With QuoteReport This Post
Why don’t you fix your little
problem and light this candle
Picture of redstone
posted Hide Post
Drinker weighs in on it:




This business will get out of control. It will get out of control and we'll be lucky to live through it. -Rear Admiral (Lower Half) Joshua Painter Played by Senator Fred Thompson
 
Posts: 3651 | Location: Central Virginia | Registered: November 06, 2006Reply With QuoteReport This Post
goodheart
Picture of sjtill
posted Hide Post
This is going to be a hugely high-profile case. I can’t imagine Musk and his attorneys would sue on the basis of a flimsy case. I love that she was really surprised to hear from Musk’s hired attorney.
Musk is really the wild card in the deck, isn’t he?


_________________________
“ What all the wise men promised has not happened, and what all the damned fools said would happen has come to pass.”— Lord Melbourne
 
Posts: 18335 | Location: One hop from Paradise | Registered: July 27, 2004Reply With QuoteReport This Post
Member
posted Hide Post
quote:
Originally posted by jhe888:
How does this amount to sex discrimination?

I am not very expert on employment law, but was she in a protected class that is protected from adverse employment action? Protected classes include gender, race, and others, but I don't know if political views are protected from action by your private employer.

I like and support Carano. Disney did her dirty, and I hope she has a legitimate case, but I am not sure she does.


She alleges that her male counterparts who publicly expressed political views were treated differently (nothing happened to them). Disney will probably hedge its bets and argue that (i) the conduct was different and therefore so was their response and (ii) to the extent the conduct was the same, political affiliation is not a protected class so what they did isn't illegal. She has an uphill battle but getting Disney to admit they fired her because of her politics would cost them way more than a damages award would, which might be her strategy (assuming she can survive the inevitable motion to dismiss and proceed to discovery).
 
Posts: 1011 | Location: Tampa | Registered: July 27, 2010Reply With QuoteReport This Post
Member
Picture of sigcrazy7
posted Hide Post
This will never go to trial, and everybody knows it. There’s no way Disney wants the discovery, showing the world all the shenanigans that went on to can Gina due to her beliefs. They will settle. Disney is against the ropes.



Demand not that events should happen as you wish; but wish them to happen as they do happen, and you will go on well. -Epictetus
 
Posts: 8272 | Location: Utah | Registered: December 18, 2008Reply With QuoteReport This Post
Experienced Slacker
posted Hide Post
Trial or settlement without, either way, I hope Gina suplexes the (once) mighty mouse into a dirt nap.
 
Posts: 7506 | Registered: May 12, 2004Reply With QuoteReport This Post
Thank you
Very little
Picture of HRK
posted Hide Post
quote:
Originally posted by sigcrazy7:
This will never go to trial, and everybody knows it. There’s no way Disney wants the discovery, showing the world all the shenanigans that went on to can Gina due to her beliefs. They will settle. Disney is against the ropes.


The elephant in the room (Musk) might well cause this to happen, and it probably wouldn't happen without his financial backing.

Carino on her own would face an army of corporate and hired attorney's from Disney the first order of business in these cases, outspend your opponent into quitting.

SOP for major corporations on employee based suits.

Musk sitting in a chair (figuratively) in the board room means Disney has to rethink it's strategy as it relates to how they attack complaintants...
 
Posts: 24165 | Location: Florida | Registered: November 07, 2008Reply With QuoteReport This Post
I swear I had
something for this
posted Hide Post
quote:
Originally posted by sigcrazy7:
This will never go to trial, and everybody knows it. There’s no way Disney wants the discovery, showing the world all the shenanigans that went on to can Gina due to her beliefs. They will settle. Disney is against the ropes.


Speaking of which, another timely video that goes over the history of this lawsuit along with clips of Gina Carano's interview with Ben Shapiro after the firing took place.

 
Posts: 4421 | Location: Kansas City, MO | Registered: May 28, 2004Reply With QuoteReport This Post
I swear I had
something for this
posted Hide Post
Newest update to the story is the Judge has thrown out Disney's motion to dismiss. The lawsuit continues.

 
Posts: 4421 | Location: Kansas City, MO | Registered: May 28, 2004Reply With QuoteReport This Post
Member
Picture of Prefontaine
posted Hide Post
Bob Eiger is fucked and so is ol Kathleen. It doesn’t matter if Gina wins or not. The publicity on this, to go with all their woke failures is enough to decrease the stock price. It’s a catastrophe over at Disney. Every Marvel movie in recent memory has lost money. Star Wars movies, the same. Now it’s the Acolyte and people cancelling subscriptions of their streaming service. And their park revenue is down. This is a burning ship. Disney lawyers did everything they could to get this tossed and got fucked. Michael Caine in Nolan’s Batman said “Some men just want to watch the world burn”. I’m not that, but I am enjoying watching Disney burn. Every film, every series, is the titanic and this lawsuit is icing on the cake.



What am I doing? I'm talking to an empty telephone
 
Posts: 12905 | Location: Down South | Registered: January 16, 2010Reply With QuoteReport This Post
Official Space Nerd
Picture of Hound Dog
posted Hide Post
I love Gina. Hope she burns that mess to the ground.



Fear God and Dread Nought
Admiral of the Fleet Sir Jacky Fisher
 
Posts: 21914 | Location: Hobbiton, The Shire, Middle Earth | Registered: September 27, 2004Reply With QuoteReport This Post
Step by step walk the thousand mile road
Picture of Sig2340
posted Hide Post
IANAL but my advice to Disney is pick a number from 1-9, add to the right of that value eight zeros and then a decimal point.

Make that the opening salvo in pre-discovery settlement offers.





Nice is overrated

"It's every freedom-loving individual's duty to lie to the government."
Airsoftguy, June 29, 2018
 
Posts: 31962 | Location: Loudoun County, Virginia | Registered: May 17, 2006Reply With QuoteReport This Post
  Powered by Social Strata  
 

SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Gina Carano Sues Disney Over ‘Mandalorian’ Firing In Lawsuit Funded by Elon Musk

© SIGforum 2024