A federal judge has indicated she is leaning toward dismissing most of an Iraq war veteran’s lawsuit against the makers of “The Hurt Locker” but may allow him to pursue his key claim that the Oscar-winning film is based on his life.
The producers, director and screenwriter of the movie had been seeking an outright dismissal of Sgt. Jeffrey Sarver’s lawsuit, but U.S. District Judge Jacqueline Nguyen indicated in a tentative ruling that she may allow him to pursue a misappropriation of name and likeness claim. Her draft ruling indicated that she plans to dismiss Sarver’s claims of defamation, breach of contract and intentional infliction of emotional distress.
Sarver sued in March 2010, days before it went on to win six Academy Awards, including for best picture and honors for director Kathryn Bigelow and screenwriter Mark Boal.
Boal was embedded with Sarver’s unit in Iraq and spent a month profiling him for a story he wrote for Playboy magazine titled “The Man in the Bomb Suit.” The sergeant claims Boal had no right use his life as a template for “Hurt Locker.”
Boal, Bigelow and the film’s producers have denied Sarver is the basis for the film.
Sarver’s attorney, Todd J. Weglarz, said that if Nguyen’s tentative ruling stands, said the misappropriation claim “is the essence of this case.”
Attorneys for Boal, Bigelow and the film’s producers urged Nguyen to reconsider her initial ruling, arguing that “The Hurt Locker” bore some resemblance to Sarver’s experience, but that it contained numerous creative elements that made it deserving of First Amendment protection.
If Sarver were allowed to continue the case, which he first filed in New Jersey, it could have a chilling effect on other films based on real-world events, attorneys for the filmmakers argued.
“That’s going to directly impact artists, directors, filmmakers in the future,” said Jeremiah Reynolds, an attorney for Bigelow and Boal.
Summit Entertainment attorney David Halberstadter said most of the similarities between Sarver and the film’s protagonist played by Jeremy Renner were elements common to most soldiers, and the film included numerous scenes that Boal never witnessed Sarver performed.
Weglarz disagreed, saying traits of his client and similar details about his personal life are present in Renner’s character.
“How anyone can say the movie is not about Sgt. Sarver, I don’t know,” his attorney Todd J Weglarz said.
Nguyen did not state when she would issue a written ruling and did not indicate whether Monday’s arguments had changed her mind about the likeness issues. She also did not indicate whether she would require Sarver, who Weglarz said is now retired from the military, to pay the legal costs for the “Hurt Locker” defendants as they are requesting.
Director Hans Emanuel Joins Caviar For Commercials and Music Videos
Production company Caviar has signed director Hans Emanuel for U.S. commercial and music video representation. The film and advertising director fuses his keen--and Berlinale Film Festival Award-winning--eye for cinematic storytelling with a commercial background across multiple genres including beauty, automotive, dance, and visual effects-heavy projects, to produce creative for clients like Kia, Nivea, Nissan, L’Oreal, BMW and more.
Caviar executive producer Salim El Arja noted, “Hans has a unique ability to blend stunning visuals with heart and humor, rooted in his confidence as a craftsman. This allows him to focus on drawing exceptional performances from actors--including celebrities--and crafting films that are not only visually striking but also deeply engaging and often hilariously comedic. His sensibilities align perfectly with Caviar’s vision, and we’re excited to collaborate with him on work that pushes creative boundaries.”
Emanuel added, “Caviar is a renowned name, certainly since I began my career. They have a solid reputation for quality work, and I’ve always respected them as a company. Life is about where destiny makes you flow with the people you need; thanks to a series of projects, I was introduced to Florence Jacob with Caviar Paris first, and the rest is history. I feel they can support my career growth with their comedic expertise and filmmaking prowess.”
Prior to joining Caviar, Emanuel had been repped by production house Stadium. He was born and raised in Santa Monica, Calif., to a Mexican-German mother, benefiting from a culturally diversified upbringing that carried through his education interests. Knowing he wanted to be a filmmaker from the start, he began his career in the luxury and beauty field,... Read More