Your Mommy Kills Animals (film) - Lawsuits

Lawsuits

Maura Flynn and Curt Johnson agreed to make a documentary film which would focus on PETA, taking a critical view of the group's actions. In 2005, in return for a $60,000 return on his investment and exclusive right to promote it, corporate lobbyist Richard Berman invested $300,000 toward production of the film. However, in 2006, disagreements arose regarding the film's treatment, with Johnson disregarding creative input from Berman. As director, Johnson chose to focus on the trials and convictions of members of Stop Huntingdon Animal Cruelty (SHAC), rather than focus on a critique of PETA. As this was contrary to the 2005 agreement, Flynn, Berman, and their associates filed a suit claiming that Flynn was a joint author of the film as originally, and requesting also that damages be awarded to Berman for Johnson's alleged breach of their contract. A jury trial granted both requests, and awarding Berman $360,000 in damages. However, as the court's decision did not include a declaration affirming Berman exclusive promotion and distribution rights to the film, and as Flynn had begun promoting the film through interviews and press releases in contradiction to the 2005 agreement, Berman appealed that part of the decision. The appeals court affirmed that earlier decision, in that granting Berman exclusive distribution after he had been made whole would constitute a double recovery, wherein Berman lost his appeal.