'Borat' Moviefilm Still Not Make Benefit Angry Plaintiffs

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'Borat' Moviefilm Still Not Make Benefit Angry Plaintiffs

Thu Sep 11, 2008 @ 10:38AM PST

By Eriq Gardner

BoratIt's been awhile since we checked in with our favorite Kazakhstan TV reporter. Now comes word that the New York District Court has dismissed a lawsuit by several plaintiffs who sued the makers of "Borat" after allegedly being duped into agreeing to be in the film.

The plaintiffs in the case, including an etiquette trainer and a driver's education teacher, signed a waiver to appear in a "documentary-style...motion picture" intended "to reach a young adult audience by using entertaining content and formats." In their complaint, the plaintiffs argued that the waiver was ambiguous and that the term "documentary-style film" didn't describe "Borat."

U.S. District Judge Loretta Preska ruled that there is no ambiguity. The waiver contract language applies to the film and the plaintiffs can't claim they were fraudulent induced into signing the contract because the signed waiver explicitly disclaimed such an argument. (Obviously, "Borat" filmmakers saw the potential troubles ahead.)

Full decision after the jump:

Here's the decision.

Judge Preska previously dismissed another "Borat" case. Now all her hard work has earned her a promotion. On Tuesday, Judge Preska was nominated by President Bush to be a United States Circuit Judge for the Second Circuit.

(Thanks to the WSJ Law Blog for the tip.)

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The Hollywood Reporter, Esq. blog focuses on how the entertainment and media industries are impacted and influenced by the law. It is edited by Matthew Belloni with contributions from veteran legal reporter Eriq Gardner and others. Before joining The Hollywood Reporter, Belloni was a lawyer at an entertainment litigation firm in Los Angeles. He writes a column for THR devoted to entertainment law. Gardner is a New York-based writer and legal journalist. Send tips or comments to Matthew.Belloni@thr.com

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