Judge Rules CAA Didn’t Steal John Musero Pilot, May Have Blacklisted Him

Judge Rules in Favor of CAA in TV Show Idea Theft Case

In a highly anticipated decision, a judge has determined that CAA did not steal a TV show idea from a writer to give to a more prominent client. However, the judge also found that the agency may have breached its duty of faithfulness and honesty to clients by placing the writer on a secret list of underperformers.

The lawsuit was brought by John Musero, a former in-house counsel at Columbia Pictures, who alleged that his agent, Andrew Miller, took his idea for a show about the attorney general titled “Main Justice” and gave it to another client, Sascha Penn, who later sold a pilot to CBS with a similar concept. While the pilot was produced, the show was not picked up.

Musero claimed that there were significant similarities between the two scripts, including opening with a car crash and closing with an assassination attempt on the attorney general. Both scripts also featured terrorism subplots and drew parallels between the justice system and refereeing in basketball.

The judge ultimately ruled that the similarities between the scripts were not protectable and that Penn had independently authored his script before Musero submitted his own. The judge also noted that the style and pacing of both projects were influenced by the television show “The West Wing.”

While CAA was pleased with the judge’s ruling dismissing the idea theft claim, the agency now faces allegations of blacklisting Musero in 2016. Musero was placed on CAA’s “underperforming writers” list and “cutting” list without his knowledge, which he argues harmed his career and constituted a breach of fiduciary duty on the part of his agents.

The judge disagreed with CAA’s argument that talent agents do not owe a duty of fidelity and honesty to their clients, stating that agents must act in the best interests of their clients with the utmost good faith. A trial to determine whether CAA failed to uphold this duty with respect to Musero is scheduled for October 27.

Overall, while CAA prevailed in the TV show idea theft case, the legal battle is far from over as the issue of blacklisting remains unresolved. The outcome of the upcoming trial will shed light on the extent of a talent agent’s responsibilities to their clients.

The judge’s ruling was delivered on April 1, with a redacted version made public on Wednesday. Both parties continue to seek resolution in this complex and contentious legal dispute.