A legal dispute between Universal and two individuals who rented the film "Yesterday" and alleged that the studio misled audiences by featuring Ana de Armas in trailers when she did not actually appear in the movie has been resolved. Both parties' attorneys informed the court of a settlement on Friday, although the specific terms of the agreement were not disclosed.
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| Ana de Armas JULIEN M. HEKIMIAN/GETTY IMAGES |
The lawsuit, which was filed in 2022, centered on claims made by Peter Michael Rosza and Conor Woulfe that they were misled by the trailer for "Yesterday," believing that de Armas had a significant role in the romantic comedy. The film follows an artist who rises to fame after realizing he is the only person who remembers The Beatles, allowing him to perform their songs as his own.
However, upon watching the film, Rosza and Woulfe discovered that de Armas was not in the movie. As a result, they brought forth allegations of false advertising, unjust enrichment, and unfair competition.
"Unable to rely on the fame of the actors portraying Jack Malik or Ellie to maximize ticket and movie sales and rentals, the Defendant consequently used Ms. De Armas's fame, radiance, and brilliance to promote the film by including her scenes in the movie trailers advertising Yesterday," the lawsuit stated.
Friday's settlement follows a series of setbacks for the plaintiffs. Last year, the court dismissed most claims in the lawsuit and denied class certification. U.S. District Judge Stephen Wilson found that Rosza and Woulfe did not rely on alleged misrepresentations from Universal when they decided to watch the film, concluding that their injuries were "self-inflicted."
After Universal successfully obtained dismissal under California's anti-SLAPP statute, the studio sought to recover legal fees. Lead defense attorney Kelly Klaus initially requested $472,000, but the judge ultimately reduced it to approximately $126,000.
Universal also filed a motion for sanctions, contending that the plaintiffs' attorneys engaged in frivolous behavior by "serving a barrage of duplicative discovery" even after the court had ruled it as "unreasonably cumulative." Additionally, Universal claimed that Matthew Pequignot, a lawyer who previously represented Rosza and Woulfe, improperly threatened the studio with a lawsuit for pursuing legal fees.
Since class certification was denied, the maximum amount plaintiffs could have recovered in the case was estimated to be $8, which was the amount they paid to rent the films. As part of the settlement, Universal could have offered to forgo attorney's fees in exchange for dropping the lawsuit.
De Armas was originally cast to appear as a love interest in the film, but her scenes were ultimately cut from the final version. The trailer prominently features her on the set of James Corden's talk show.
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