Q: How to sue casting website in theatre for damages of restraint of trade by stopping ad, relying on false information.
Small production company with known reputable owner relies on its contract with major casting website to gain actors for play. Website employee arbitrarily suddenly cancels contract denying production company information with actor’s contact info that applied for positions causing immediate damage to company and play while relying on what it says is information it received in a complaint that company violated rules which not only were never told to company, but even if were, was not violated. Violation which is egregious and far-reaching never occurred. Employees fired from production could have promoted such false information, but company was never alerted or given chance of denial.
Ruling and action not only affect play and cast, but actors who applied with their information denied and especially mars the reputation of the company owner who relies upon his reputation that has been built without blemish for decades in many fields of endeavor besides theatre.
A: Greetings. This is a service contract dispute. The dispute will be governed by the contract. You need a lawyer to review the contract and determine your rights and remedies. For example, if there is a paragraph or clause in a contract that dictates when and why one party may terminate the contract, then that paragraph or clause will likely govern the dispute. If there is no contract, then common law will apply, which (in New York) states that service contracts are terminable at will, with certain exceptions. Again, you will need a lawyer to help you with this dispute. Contact one today.
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