O’Melveny Prevails on Motion to Dismiss for Warner Bros. in “Gravity” Case


Colleen B. McGushin
O’Melveny & Myers LLP
415.984.8825 (office)
415.539.9044 (cell)

LOS ANGELES ─ January 30, 2015 ─
O’Melveny & Myers LLP prevailed on a motion to dismiss filed in a breach of contract lawsuit brought by Tess Gerritsen against O’Melveny’s client, Warner Bros., involving Gerritsen’s book “Gravity” and the film of the same name.

In its order granting the defendants’ motion to dismiss, the U.S. District Court for the Central District of California wrote that the plaintiff’s allegations were “largely conclusory” and “not adequately pled.” The court also denied the plaintiff’s request to conduct discovery saying she “has not met her burden of pleading a plausible claim for relief. . . .”

In a statement, Warner Bros. said, “We are very gratified by the court’s ruling as there is no merit to these claims. As the plaintiff herself has admitted, ‘Yea, “Gravity” is a great film, but it’s not based on my book.’ ”

The court said the plaintiff may file an amended complaint within 20 days but may not plead new claims.

The O’Melveny team was led by partner Matt Kline, with assistance from associates Ashley Pearson and Jennifer Middleton.

About O’Melveny & Myers LLP
With approximately 750 lawyers in 15 offices worldwide, O’Melveny & Myers LLP helps industry leaders across a broad array of sectors manage the complex challenges of succeeding in the global economy. We are a values-driven law firm, guided by the principles of excellence, leadership, and citizenship. Our commitment to these values is reflected in our dedication to improving access to justice through pro bono work and championing initiatives that increase the diversity of the legal profession. For more information, please visit www.omm.com.