Hollywood Docket: Tutor disses Bergstein; Ninth Circuit rejects Beach Boys claims; Bikini model loses 'Couples Retreat' case

• Monday in David Bergstein News (Ron Tutor Catfight Edition): Construction mogul turned film investor Tutor tells THR that Bergstein, his frequent partner and litigation magnet, will have no role in Miramax if a Tutor-backed consortium succeeds in its bid to acquire the library from Disney. Tutor also reveals he's footing the bill for most of the Bergstein-related litigation stemming from their involvement in Capitol/ThinkFilm, saying that Bergstein has "wiped himself out" and "lost it all." Ouch. [THR]

• A federal judge has slashed a file-sharing damages award that a Boston University grad student was ordered to pay record labels from $675,000 to $67,500. Judge Nancy Gertner ruled the original jury damages award was "unconstitutionally excessive." The RIAA says it will appeal, saying the court has "substituted its judgment for that of 10 jurors as well as Congress." [Boston Globe]

• Will the original members of the Beach Boys ever stop fighting? Mike Love tried to use a California court to pursue trademark and publicity rights claims against Brian Wilson for using the Beach Boys marks in Britain. The Ninth Circuit Court of Appeals has just ruled that Love's allegations are outside its jurisdictional scope. [Read the decision]

• Celador's Paul Smith says what his lawyers told us last week: he's keeping his legal options open and might sue the agents who brokered the "Who Wants to Be a Millionaire" deal that led to massive litigation with Disney. [THR]

• Director John McTiernan is in court Monday morning, charged with lying to the FBI and a federal judge in connection with the Anthony Pellicano case. [DHD] 

• A former bikini model has lost a $10 million lawsuit against NBC Universal for using a photo of her in a dirty way in the movie "Couples Retreat." The model had been photographed for a swimsuit catalogue, and the judge ruled that she had signed away her rights to the image and knew full well it could be resold for commercial purposes. [NY Daily News]