US Supreme Court won't review Broadway producer’s union boycott case

Reuters
2024-12-09

By Mike Scarcella

Dec 9 (Reuters) - The U.S. Supreme Court on Monday rejected a bid by veteran Broadway theatrical producer Garth Drabinsky to revive his lawsuit accusing an actors' union of illegally including him on a "do not work" boycott list.

Drabinsky had appealed a decision by the New York-based 2nd U.S. Circuit Court of Appeals that upheld the dismissal of his lawsuit against the Actors' Equity Association, which represents Broadway performers and stage managers.

Drabinsky’s theatrical hits have included "Ragtime" and a revival of "Showboat."

The Supreme Court denied Drabinsky's petition without comment.

Labor unions long have enjoyed some immunity from federal antitrust law. Siding with the Actors' Equity Association, the 2nd Circuit ruled in July that that the exemption from liability applies in cases where a union's conduct promotes "legitimate labor goals."

Drabinsky’s lawyer and the labor union did not immediately respond to requests for comment.

The union put Drabinsky's name on a boycott list amid claims by cast members that they did not receive wages and health and retirement benefits during his Civil War-era "Paradise Square" production last year.

"Paradise Square” was billed in The New York Times as a comeback for Drabinsky, following his conviction and imprisonment more than a decade ago in a fraud case in Canada over corporate financial misstatements.

Drabinsky has denied the workers' employment claims.

Drabinsky's lawsuit, which also included a defamation claim, sought monetary and other damages stemming from his name appearing on the union's list.

The case is Garth Drabinsky v. Actors’ Equity Association, U.S. Supreme Court, No. 24-526.

For Drabinsky: Luke Hasskamp of Bona Law

For Equity: Jeffrey Kessler of Winston & Strawn

Read more:

Broadway producer Drabinsky loses bid to revive lawsuit against actors’ union

Broadway producer Drabinsky loses lawsuit over union's boycott list

(Reporting by Mike Scarcella)

((Mike.Scarcella@thomsonreuters.com;))

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