Disney’s Lawsuit against Gina Carano Will Not Be Dismissed as The Judge Rules in Actress’ Favor – It’s Heading Toward Trial or Settlement

Gina Carano is most recently known for her role as Cara Dune in the first two seasons of The Mandalorian. The studio had significant plans for both the actress and her character, including a potential standalone show.

However, those plans shifted after Carano made a series of controversial social media posts, including comparisons of anti-vaxxers to Jews and comments on other sensitive topics, which clashed with Disney’s modern sensibilities and image.

In a matter of hours, Carano lost both her spinoff and her job when she was fired by the studio, learning of her dismissal through the press. She subsequently filed a lawsuit against the media company, which reportedly received support from Elon Musk.

Disney responded to the lawsuit with a motion to dismiss. In their April 9 filing, they argued that Carano was terminated from The Mandalorian in 2021 for trivializing the Holocaust by comparing criticism of political conservatives to the genocide of millions of Jewish people, citing this as the final reason for her dismissal.

According to Deadline, the latest development in the case is that it will proceed either to trial or settlement. On Wednesday, Judge Sherilyn Peace Garnett ruled that Disney had failed to provide evidence showing that they hire contractors to uphold a positive public image.

Defendants have not identified any evidence—in the Complaint or otherwise—to substantiate a claim that they employ public-facing actors for the purpose of promoting the ‘values of respect,’ ‘decency,’ ‘integrity,’ or ‘inclusion. […] Accordingly, Defendants’ invocation of the supposedly detrimental effects of Plaintiff’s ‘mere presence’ as one of Defendants’ employees lacks constitutional import.

At this stage in the litigation, the Court cannot conclude, as Defendants urge it to, that Plaintiff’s continued employment by Defendants would inhibit or intrude upon Defendants’ rights to expressive association.

In the 23-page denial order, Judge Garnett highlighted that Disney, Lucasfilm, and Huckleberry Industries, as for-profit corporations, have the right to decide whom they choose to associate with, unlike membership-based nonprofits such as the Boy Scouts or the Jaycees. The defendants’ role in employing actors and staff to produce television series and films is pertinent to the lawsuit.

As an initial matter, unlike the Boy Scouts or the Jaycees, Defendants are not members-only, nonprofit organizations. Instead, Defendants are for-profit corporations who, as relevant to this lawsuit, employ actors such as Plaintiff, as well as administrative staff, to create television series and films.

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