Wellman

Wellman v. Writers Guild of America, West, Inc.

Good Law
146 F.3d 666·98 Daily Journal DAR 5808·1998 WL 282835·158 L.R.R.M. (BNA) 2467·1998 U.S. App. LEXIS 11598
United States Court of Appeals for the Ninth CircuitJune 3, 1998Nos. 96-56549, 96-56601California4,399 words

Opinion

Lead Opinion

Pregerson, J.

OVERVIEW

Wendell Wellman appeals the district court’s grant of summary judgment in favor of the Writers Guild of America (the “Guild”) in Wellman’s action seeking to obtain damages and to vacate an arbitration award. Guild arbiters awarded screenwriting credit for “Fair Game” to Charlie Fletcher, another screenwriter. Wellman argues that neither the arbiters nor the Guild’s Policy Review Board (the “Board”) followed Guild procedures. Wellman also contends that the district court erred when it determined that claims he failed to present to the Board were waived. Finally, Wellman argues that the district court erred by denying him a continuance pending discovery. The Guild cross-appeals the district court’s denial of its motion for attorneys’ fees against Wellman and his company, Wendell Wellman Productions. Additionally, the Guild moves for attorneys’ fees on appeal. We affirm the decision of the district court, and we deny the Guild’s motion for attorneys’ fees on appeal.

FACTUAL AND PROCEDURAL BACKGROUND

In Hollywood, a screenwriter’s name is his most coveted asset. Ordinarily, a writer who contributes to a script can expect to see his name in the credits of the film. When a…

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