Whenever a high-profile (and high dollar value) lawsuit is filed, the first thing the side being sued does is try and get the case dismissed. That’s exactly what Disney did after Gina Carano sued the studio following her firing from The Mandalorian. Disney hoped to get the lawsuit tossed on a First Amendment basis, but the judge has dismissed that claim, and the suit will move forward, at least for now.
Disney argued in front of U.S. District Judge Sherilyn Peace Garnett that the studio had the right to sever its relationship with Carano because she did not espouse viewpoints that the company agreed with. According to THR, the judge stated that the First Amendment could not be used as a shield to potentially violate discrimination laws. Carano is arguing that in firing her she was discriminated against and that the studio violated California labor laws in terminating her.
While the case wasn’t dismissed here, that doesn’t mean that it couldn’t still be dismissed down the line. The judge here simply found that there were enough disputed facts that needed to be considered that the case should move to the discovery phase. At that point, it will be decided if there is enough evidence to move the lawsuit into the trial phase.
Back in 2021 before the third season of The Mandalorian, Disney announced it was parting ways with the Cara Dune actress following a controversy regarding some of her social media posts. Carano compared the political climate at the time to Nazi Germany and had made more than one post that was seen by many as transphobic. Disney called Carano’s posts “abhorrent and unacceptable” when it announced she wouldn’t be returning to the Star Wars series. According to the lawsuit Carano was not under contract to appear in Season 3 of The Mandalorian at the time the decision was made not to move forward with her.
Earlier this year Carano filed a lawsuit against Lucasfilm and Disney. The suit is being backed by Elon Musk, who had offered to help pay for any lawsuit that stemmed from what he saw as violations of freedom of speech that took place on the social media platform formerly known as Twitter.
Carano has claimed she was “bullied” by Disney during her time working on The Mandalorian including when she had been previously asked to apologize for some of her social media statements. Carano has said it’s been difficult for her to find work since being fired by Disney.
Discovery is usually a lengthy process so it will likely be some time before it is completed. At that point, the judge will make a further ruling and the case may still be dismissed, or it could move forward and a formal trial could begin.
