Laura Larson v. Warner Bros Entertainment, Inc

MEMORANDUM

Defendants Warner Brothers Entertainment, Inc. and DC Comics (collectively, “DC”) appeal the district judge’s grant of summary judgment to Plaintiff Laura Sie-gel Larson as to DC’s third and fourth counterclaims (which, both parties concede, are governed by California law). The district judge entered judgment pursuant to Federal Rule of Civil Procedure 54(b), and we have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand as to these counterclaims.

The district judge erred in granting summary judgment to Larson as to DC’s third and fourth counterclaims. The central issue in these counterclaims is whether the parties reached a binding settlement agreement during their negotiations over the rights to Superman in 2001 and 2002. The district judge, however, failed to address whether the October 19, 2001, letter from Larson’s then-attorney constituted an acceptance of terms negotiated between the parties, and thus was sufficient to create a contract. We hold, as a matter of law, that the October 19, 2001, letter did constitute such an acceptance. The October 19, 2001, letter itself plainly states that the heirs have “accepted D.C. Comics offer of October 16,…