Rearden LLC v. The Walt Disney Company

Background

After a jury trial at which an advisory jury—one whose verdict assists the court but does not itself make the final decision—considered how to apportion Disney’s profits from Beauty and the Beast, the court addressed how to resolve the remaining issue.

Rearden and the other plaintiffs requested an evidentiary hearing. They wanted to present evidence that had either been excluded or not offered at the jury trial, and then have the parties submit competing findings of fact and conclusions of law. Disney and the other defendants asked the court to hold no further hearing and proceed immediately to written proposed findings and legal conclusions.

Ruling

The court adopted the defendants’ proposal. It acknowledged that it might have discretion to receive additional evidence but declined to do so. The court stated that it had already heard the evidence presented at trial, did not want to reconsider evidence it had excluded, did not want to let the parties add evidence they had chosen not to offer at trial, and sought to preserve the efficiency benefit of using an advisory jury.

The court ordered the parties to submit competing proposed findings of fact and conclusions of law by February 29, 2024, limited to nine pages or fewer. Response briefs were due March 14, 2024, limited to six pages or fewer, and no reply briefs were permitted. This order did not itself determine how the profits would ultimately be apportioned.