Defending the originality of Servant, Basgallop testified the show was inspired by the real-world practice of grieving mothers using “reborn babies” for emotional support. Shyamalan, who served as executive producer and showrunner, denied having any knowledge of Gregorini’s film before the lawsuit.
Expert Witnesses and Closing Arguments
In closing arguments, Brittany B. Amadi of WilmerHale, representing the defendants, dismissed Gregorini’s claims as unfounded and based on superficial parallels. Bob Gale, co-writer of Back to the Future, testified as a defense expert, asserting that Gregorini “cherry-picked” elements to manufacture similarities.
Conversely, USC professor David Roman, testifying for Gregorini, identified at least 10 key similarities between the two works. Gregorini’s legal team characterized Basgallop’s early drafts as “vulgar and vile trash” and alleged that Servant only became viable after incorporating her film’s core elements.
Legal History and Broader Implications
Gregorini initially sued in 2020, but U.S. District Judge John F. Walter dismissed the case, ordering her to pay $160,000 in legal fees to the defendants. However, the Ninth Circuit revived the lawsuit in 2024, leading to the trial in Judge Sunshine S. Sykes’ courtroom.
