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Judge Rejects Claims Against Writers Guild

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Times Staff Writer

A federal judge has dismissed claims against the union representing Hollywood film and TV writers involving the awarding of screenplay credit for the 2003 film “The Last Samurai,” upholding its methods in determining how credits are handed out.

The suit was filed by screenwriter Michael Alan Eddy in January, alleging that the arbitration process of the Writers Guild of America, West favored high-profile writers over less-experienced ones.

But U.S. District Judge John F. Walter dismissed all of Eddy’s claims in a decision Monday.

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“We are relieved,” said lawyer Anthony Segall, who represented the guild. “It is a vindication of the guild’s processes. We try very hard to be fair, and we feel we came up with the right process.”

Eddy’s attorney, Neville Johnson, said he would appeal the decision and that “the facts are in our favor.”

Eddy’s suit alleged that his “West of the Rising Sun,” written 12 years ago, spawned 2003’s “The Last Samurai,” which starred Tom Cruise and grossed more than $448 million worldwide.

In filing the lawsuit, Eddy sought to shed light on the secretive process by which the guild awards valuable writing credits. Eddy had contended he was unfairly excluded from participating in a credits arbitration process. Had he been included, Eddy argued, he would have been guaranteed at least shared credit for the story.

The suit also had named as defendants distributor Warner Bros., producer Radar Pictures, writer-director Edward Zwick and his production partner Marshall Herskovitz.

Before the suit was filed, the guild investigated Eddy’s claims, with three “expert readers” deciding whether his project and Zwick’s were sufficiently alike to merit arbitration.

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Two readers, according to the suit, found that the projects were not related in creative terms; one concluded they appeared to be.

In the end, the guild gave screenwriting credits for “The Last Samurai” to John Logan, Herskovitz and Zwick.

Guild arbitrations are typically conducted in secret. Writers aren’t told the names of those conducting the proceedings, nor are arbitrators given the names of writers involved.

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