‘Avatar’ Theft Plaintiff Loses Bid To Disqualify Judge

That’s the second Avatarlegal loss in a row for Eric Ryder and another win for James Cameron. Three weeks after LA Superior Court Judge Susan Bryant-Deason granted the director’s motion for summary judgment, Ryder’s efforts to have her dismissed from the case have now also failed. Ryder wanted the judge pulled from the case because her husband is a line producer who has worked on Fox projects such as We Bought A Zoo. The plaintiff claimed in a 2011 complaint that Cameron ripped off the 2009 blockbuster from an environmental themed story of his entitled K.R.Z. 2068. Ryder said that execs at Cameron’s Lightstorm Entertainment had read the story back in the ’90s. Having taken a hit in early October in the case, two weeks ago Ryder’s lawyers alleged a lack of impartiality on the part of Bryant-Deason. Funny thing is Fox aren’t even a defendant in the suit, only Cameron and Lightstorm are. On October 23, the court gave tossed Ryder’s latest maneuver too. “A party simply can’t wait to see what happens in a case, before deciding to investigate or assert known facts as a basic for disqualification for cause. By not filing a timely motion to disqualify, objections to the assigned judge are waived,” wrote Bryant-Deason herself in the 11-page order (read it here). Beside Fox not being an actual party to the case, the judge also noted that she told all parties back in an April 24th status conference that her husband Paul Deason has worked as an independent contractor on films for Fox and other studios and no one raised any objection then.

Avatar has been on a bit of a legal roll lately against copyright charges from various directions. In February, Cameron won a case against Gerald Morawski, who accused Cameron of ripping off his ideas for the pic. Among the lawsuits pending though is Bryant Moore’s $2.5 billion lawsuit against Cameron and Fox claiming that Avatar was stolen from his scripts. A federal judge in March granted a motion to dismiss the breach of implied contract claim in Moore’s 2011 suit but he did not dismiss Moore’s copyright claims. That trial date is pending.

9 Comments

Judge Dredd • on Oct 28, 2013 12:39 pm

This could be grounds for an appeal and the higher court might decide to disqualify the judge and order a new trial. If she told them who her husband is they should have objected then and asked her to recuse herself. I am the Law.

Failed ScreenWriter Who Hates on Others • on Oct 28, 2013 12:39 pm

Judge Dredd — Because they failed to motion to recuse the trail judge upon her timely disclosure, it is unlikely an appellate court will entertain relief for same expost facto.

Sabronidas • on Oct 28, 2013 12:39 pm

Not surprised that there’s so many people claiming ownership over the story as it is one of the least original ideas ever done and there’s a good handful of films with the same cloned plot.

The truth is, that if it had been made by any of the claimants, the film would have been a straight to DVD release and the reason it made money is because of James Cameron and his marketing knowledge and power.

Cameron is only guilty of using a lame and over exploited plot.

Failed ScreenWriter Who Hates on Others • on Oct 28, 2013 12:39 pm

Sabronidas — “Ideas” or “stories” aren’t protected under copyright law. So even if they can prove what they claim, their lawsuits will be rightfully dismissed on summary judgment.

I’ve read the plaintiffs’ complaints, and all the plaintiff attorneys are either not too bright or intentionally milking their clients for legal fees and not telling them their lawsuit has zero legal merit (the latter is most likely).

The bar for proving copyright infringement when it comes to a feature script is insanely high for the plaintiff. Not even Snoop Dog can get that high in his basement with a half dozen ho’s and a case of Colt 45.

Elmore • on Oct 28, 2013 12:39 pm

Jeez, I wonder if so many people are coming out of the woodwork with the same idea because the idea isn’t all that original.

Cameron executed it well and made it an experience, but white guy goes native to save natives has been done a time or two before.

Failed ScreenWriter Who Hates on Others • on Oct 28, 2013 12:39 pm

Elmore — “Ideas” aren’t protected under copyright law. It’s as if all these guys filing these unwinnable lawsuits don’t understand the most basic element of a copyright infringement case when it comes to screenwriting.

Not only will Cameron prevail, all the plaintiffs will, under California law, have to fork over legal fees to Cameron’s side, which will surely bankrupt these parasites since that will include appellate fees and I’m pretty sure Cameron didn’t hire his lawyers from Walmart.

Dapper Dan • on Oct 28, 2013 12:39 pm

Bryant-Deason’s husband has also worked for Cameron. She’s low and dirty in this situation.

KilliK • on Oct 28, 2013 12:39 pm

IN THE KING WE TRUST.

Bus Bench • on Oct 28, 2013 12:39 pm

Sabronidas and Failed Screenwriter, while I really liked AVATAR, it sure was an unoriginal story. Basically the same as FERGULLY, THE LAST RAINFOREST, which Fox released years ago.