A federal judge just denied Disney’s motion to dismiss Star Wars actress Gina Carano’s wrongful termination lawsuit. What does that mean for the case moving forward? First, it might be helpful to recap what’s been going on with the lawsuit so far.
What’s Happened So Far in Carano’s Lawsuit versus Disney?
As I’ve written about previously, Carano filed her lawsuit back in February 2024, alleging that Disney terminated her for her political speech on social media and that Disney did not fire any other Star Wars actors who also engaged in political activity on social media (although from a more liberal, anti-Trump perspective than Carano’s more right-leaning posts and activity). In response to her lawsuit, Disney filed a motion with the court, asking the court to dismiss Carano’s lawsuits because Disney has the right–Disney argues–to decline to employ or be associated with employees who engaged in social media activity or speech that conflicts with Disney’s political beliefs. Essentially, Disney claims that it has a First Amendment right under the Constitution, and that this right means that the lawsuit must be dismissed.
All of Carano’s legal claims are brought under California state law about political speech of employees, which provides more protection for employees engaging in political speech outside of the workplace. Title VII of the Civil Rights Act, which is the federal law that prohibits discrimination on the basis of sex, does not provide protection against discrimination based on political speech.
How Did the Judge Rule on Disney’s Motion to Dismiss Carano’s Lawsuit?
In this case, though, the judge ruled that it is too early to dismiss the lawsuit without giving the parties opportunity to conduct discovery into the legal and factual issues surrounding Carano’s legal claims and Disney’s First Amendment defenses. The judge found that Disney has not yet established that the First Amendment clearly applies in a way that would require the judge into dismiss the lawsuit this early in the litigation process. Thus, the judge denied Disney’s motion to dismiss. This means that the lawsuit will continue along normal pathways, which will include written discovery (document requests and written questions), as well as depositions. The discovery phase for a case like this will be hard-fought and incredibly expensive, likely involving millions of dollars in legal costs and untold hours of work for both sides. Based on news reports, it appears that Carano’s legal fees are being covered by Elon Musk, coverage when Carano’s going to need with how expensive this litigation will be. I would expect to see lots of motions by Disney fighting against producing most of the information sought in discovery.
What Happens Next?
At some point, however, discovery will end, and Disney will have the opportunity to file another motion, called a motion for summary judgment, which will make most of the same arguments as in the motion to dismiss. Disney will again be seeking to have the lawsuit thrown out before trial. But at that point, the parties will be relying upon deposition testimony of the witnesses, along with documents produced during discovery. The judge will have better evidence to rely upon, instead of just the allegations contained in Carano’s lawsuit complaint. If the judge grants Disney’s motion at that point, then the lawsuit would be dismissed, although Carano can always appeal. If the court denies the motion to dismiss Carano’s lawsuit and the parties do not settle the case, then the lawsuit would proceed to trial.
While the outcome of this case will have little to no impact on South Carolina employees (because the claims are brought under California law only), I do find it interesting to follow, both as an employment lawyer and as a Star Wars fan, which you might be aware of if you read my other Star Wars-themed employment law articles: Was Han Solo an Independent Contractor or an Employee under the Fair Labor Standards Act? and Does the Rebel Alliance’s Suspicious Procurement of the Death Star Plans Render it Liable under SC’s Trade Secrets Act? To that end, I’ll keep following the developments on this lawsuit and provide updates where I can. That, after all, is The Way.
