Spinello

Barry J. Spinello sued Amblin Entertainment, Universal City Studios, Inc., and Steven Spielberg for damages, alleging they had appropriated his ideas and were using them for a new movie. Relying on a written agreement which included an arbitration clause, the defendants moved to compel arbitration. The motion was denied and the defendants appeal. We reverse and remand with directions to grant the motion.

Background

In April 1988, Spinello (a self-described motion picture producer, writer and director with more than 20 years’ experience in “the industry”) discussed his script, “Adrian and the Toy People,” with Deborah Jelin Newmyer, an Amblin executive. Newmyer told Spinello he could have his agent submit the script and, in November 1988, Spinello’s agent mailed a copy to Newmyer. By that time, Newmyer was away on maternity leave and the script was reviewed by another executive, Bettina Viviano. By letter dated January 9, 1989, Viviano returned the script to Spinello, explaining Amblin wasn’t interested in it.

In early 1990, Spinello met Alan Davio, one of Spielberg’s cameramen. Spinello told Davio about “Adrian and the Toy People” and showed Davio some photographs he…