In September 2016, a list circulated at the CAA which placed John Musero, a scribe on The editorial hall which was recovered by the agency two years earlier, from a group of “underperforming writers”. He had active writing work and did not know the list, and even less than he was there. At the time, Musero hoped that his scenario for “hand justice”, a legal drama in the vein of The west wing According to a newly appointed attorney general which has been optional, would go into production.
A month later, another document entitled “Cup list” was shared between the CAA agents, including the former head of the TV department. On this list: a notation that said “getting rid of” next to the name of Musero. The writer was then deposited by the agency.
These lists are the subject of a long -standing trial of Musero against Caa and his former agent Andrew Miller. What started in 2019 as a case on allegations that the agency gave its idea of the dramatic series to a greater customer without paying it has become what could be a nightmare of public relations for the CAA. During the discovery in 2023, Musero uncovered internal communications on the lists which, according to him, indicate that his agents have essentially ceased to try to find it work. And on Wednesday, a court greeen the allegations of trials while rejecting the allegations according to which the CAA stole the idea of ”main justice”. A jury will examine if the agency has violated its duty as a Musero by placing it on a secret list of underperforming writers.
“The CAA has created secret black lists of its customers while leading them to believe that it continues to represent their interests,” explains Ruth Majors, a lawyer representative. “CAA has blocked the release of these black lists, but we know that they have existed, confirming what has been suspected by many of the industry for years: CAA customers may have made their career injured or killed, without their knowledge.”
In a press release, the CAA, referring to communications citing the lists, said: “In despair, Mr. Musero turned to two emails, created 10 years ago by people who are no longer with the agency and who had no influence on the representation of Caa de Musero as a customer.” He added: “The CAA is satisfied by the judge’s decision, rejecting the assertion of John Musero according to which the CAA diverted its idea for a pilot. Andrew Miller has always operated with integrity. He is a world class agent whose background of success speaks volumes about his diligence, his expertise, and his concerns for the best interests of his customers. ”
The creation and use of the lists are in dispute, with a large part of the remaining information behind closed doors. CAA maintains that the creation of such lists is not a practice of the agency and that they were only seen by two agents, and Miller is not part of it, according to legal documents. According to his reflection, the lists were used to identify writers who needed additional attention rather than determining who to let go. “It is not a violation to carry out internal customer productivity exams,” CAA said in a judicial file. And the discovery has not yet revealed other names that have been placed on these lists of “underperformance” and “cup” apart from Musero.
In summary judgment, the CAA argued that the simple existence of the lists of cutting writers and sub-performatives does not constitute a violation of any obligation. His defenses understood that it was a talent agency, unlike real estate agents or lawyers, must even the loyalty and honesty of its customers.
In the decision, the court postponed the assertion. The CAA is “hard in a hurry to assert the proposal that a talented agent can act dishonestly, with disloyal and contrary to the best interests of his client with impunity,” wrote Bessinger.
Responding to the statements that he stopped looking for work for Musero, Miller said he had submitted the name of his client for four writing opportunities, especially The good woman Spinoff and a title HBO project. Due to his limited experience and his credits, there were few writing opportunities available at his level, said Miller in a declaration of justice.
However, the court said that the CAA and Miller could have “deprived Musero of the ability to find a new representation, damaged its reputation and prevented it from working as a writer”.
According to the version of Musero’s events, which is challenged by CAA, Miller decided that he no longer wanted to work with the writer and placed him on the two lists. And before the rights to the optional scenario of Musero returned to him, CAA redeveloped this idea with another writer and sold it to a major network, which in turn transformed it into a pilot without changing the title or credit Musero.
“The CAA is secretly recruited its own customers while leading them to believe that it continues to represent their interests,” Musero said in a statement. “This case confirms what has been suspected by many of the industry for years. What is clear is that the CAA customers – and the guild members – may have made their career injured or killed, without their knowledge. ”
Among the questions that will be asked: if the CAA maintains policies to protect writers from damage likely to be placed on these lists and, if not, does this constitute a violation of the obligation?
The trial will be limited to the question of whether the alleged black list constitutes violations of contract and fiduciary duty. In a victory for the CAA, the judge of the Los Angeles Superior Court, Kerry Bessinger, rejected the accusations that the CAA stole the idea of the Musero script for another client, Sascha Penn.
Musero said he had submitted the pilot to his agents in September 2015 and shared him independently with a producer who shared him with the head of television from the company Mark Gordon, Nick Pepper. Dan Jinks expressed his interest in bringing the show to CBS, but Musero thought that Gordon’s outfit, also a CAA client, was a more attractive buyer. He said that his agents had stopped buying the project while Mark Gordon was thinking about his offer, instead of working to generate competitive offers.
The dismissal turned against the court, according to the two shows, the theft of ideas is not an idea. “The style and rhythm of each” main justice “project are attributable to the same influential television program -” The West Wing “, wrote Benserger. “In addition, in a political legal project as a doj television drama, the” West Wing “style is a type of common presentation.”
The trial should start in October.
