Settlement reached in 'Yesterday' film's false advertising lawsuit
What's the story
Two Ana de Armas fans, Peter Rosza and Conor Woulfe, have settled their false advertising lawsuit against Universal.
The pair rented the film Yesterday on Amazon Prime Video, attracted by de Armas's appearance in the trailer.
They were disappointed to find her role was excluded from the final cut of the film.
The lawsuit was initiated in 2022, alleging they were each defrauded of $3.99.
Legal journey
Legal proceedings and settlement details remain undisclosed
In the initial ruling, a federal judge concurred with Rosza and Woulfe that movie trailers could be subject to false advertising claims.
However, subsequent legal challenges led to the plaintiffs being held liable for $1,26,705 in Universal's legal expenses.
The case was finally settled last Friday, but the specifics of the settlement remain undisclosed as both parties declined to comment to the media.
Discontent
Parties unhappy with lawsuit outcome, claim bias
As per court documents verified by Variety, neither party is satisfied with the resolution.
Universal reportedly feels burdened by the two-year legal battle and substantial funds spent defending against what it views as an unnecessary lawsuit.
Conversely, the plaintiffs' class action lawyers initially believed their claim could yield millions but were disillusioned by what they perceived as a bias toward Hollywood studios in California's courts.
Legal precedent
Universal argued First Amendment shielded trailers; court rejected claim
A significant aspect of this case is a ruling where the court agreed with the plaintiffs against Universal's assertion that movie trailers are artistic works shielded by the First Amendment.
US District Judge Stephen Wilson dismissed the argument, stating that the trailers were "commercial speech," and therefore subject to false advertising laws.
This partial victory, however, proved difficult for the plaintiffs to translate into financial compensation due to the lack of concrete evidence.
Counterclaim
Judge denied class certification for this reason
The plaintiffs' lawyers had to prove, for the class action suit to stand, that many people, who hoped to see de Armas, were left disappointed and duped, like their clients.
Universal countered that most viewers likely watched the film for reasons unrelated to de Armas and may not have seen the trailer featuring her.
Judge Wilson deemed the plaintiffs' request for class certification "patently inadequate," allowing the lawsuit to continue but only with two plaintiffs.
Information
Know more about 'Yesterday'
The 2019 film Yesterday tells the story of a struggling musician Jack who becomes the sole person on Earth who remembers The Beatles after a bus accident. He then rerecords classic The Beatles numbers, earning wide popularity and fame. de Armas was initially cast as a brief love interest, but her role was cut after test screenings.