Disney counters that, under the Supreme Court’s decision in Boy Scouts of America v. Dale, organizations should have the freedom to control their messaging. They argue that casting decisions are integral to artistic expression, and the court’s ruling unfairly overlooked this aspect.
Potential Impact of Interlocutory Appeal
Disney believes that a Ninth Circuit review could either resolve the case or provide clarity on legal principles before extensive discovery begins. The company highlights that Carano’s recent actions—such as deposing Disney officials and requesting a large volume of documents—underscore the need for a timely appellate review to avoid protracted legal disputes.
Gene Schaerr, representing Carano, criticized Disney’s motion as lacking merit, suggesting it is an unnecessary delay tactic. Representatives for Disney, Lucasfilm, and Huckleberry Industries have yet to comment on the matter.
Carano’s legal team includes Donald M. Falk, Eugene Volokh, Gene C. Schaerr, H. Christopher Bartolomucci, and Edward H. Trent of Schaerr Jaffe LLP, while Disney’s defense is led by Daniel M. Petrocelli, Molly M. Lens, Kristin Macdonnell, Jonathan D. Hacker, and Joshua Revesz of O’Melveny & Myers LLP.
