Category: International News / 10-31-2016
Written by: John Dion

STROOCK’S JAMES G SAMMATARO HANS H HERTELL SECURE DEFENSE VICTORY FOR SBS AND MEGATV IN $8 MILLION COPYRIGHT SUIT

JURY AWARDS ZERO TO PLAINTIFF AFTER TWO-WEEK TRIAL CENTERED ON DAMAGES

Entertainment attorneys James G. Sammataro and Hans H. Hertell, with the Miami office of Stroock & Stroock & Lavan, successfully defended longtime clients Spanish Broadcasting System, Inc. and its television affiliate in an $8 million copyright infringement suit, with the jury awarding zero to the plaintiff. The order was entered October 26, 2016.

The lawsuit was initiated by filmmaker Yosmani Acosta, who claimed the market value of Pablo had been destroyed by MegaTV’s broadcast of the film.

Sammataro and Hertell opted to take the case to trial despite a prior infringement ruling by a federal district court judge. “We are thankful that our clients entrusted us to do what so few defendants dare: stare down an oversized damages claim even with a finding of liability, with the faith that a jury would accurately apply the law,” said Sammataro, a noted national high-stakes litigator and the managing partner of the firm’s Miami office.

After a two-week jury trial centered on damages, the jury returned on October 25, 2016 a defense verdict of zero dollars, finding that Acosta had not been able to prove an injury to the film’s market value. The trial was presided by U.S. District Judge Marcia G. Cooke.

“Based on our extensive entertainment industry litigation experience, we focused our legal strategy on explaining the grim calculus of the film industry: that, despite big dreams and high hopes, most movies lose money,” Sammataro said. “We also utilized movie trailers of successful films and testimony of expert witnesses to show that Pablo, like countless other films, has no market value in today’s ultra-competitive film business.”

Added SBS General Counsel Richard D. Lara: “We are pleased with this major victory, a verdict that should send a signal to would-be plaintiffs that finding of liability is not a carte blanche for damages.”