Disney pushes for private arbitration in Scarlett Johansson's 'Black Widow' lawsuit

Elise Brisco
USA TODAY

Disney has filed a motion to settle a lawsuit brought by "Black Widow" star Scarlett Johansson behind closed doors.

The motion was filed to Los Angeles Superior Court on Friday afternoon by Disney attorney Daniel Petrocelli. In documents obtained by USA TODAY, Petrocelli argued that the contract between Disney and Periwinkle Entertainment Inc., the company representing Johansson, included an agreement to settle any disputes through "binding arbitration" in New York City.

Disney's request for arbitration is the company's first filing in the case since Johansson filed suit on July 29, alleging her contract with Marvel was breached when "Black Widow" was released on the Disney+ streaming service at the same time as in theaters.

In Friday's filing, Disney argued the complaint put forth by Johansson and Periwinkle Entertainment has "no merit."

"There is nothing in the Agreement requiring that a 'wide theatrical release' also be an 'exclusive' theatrical release," Petrocelli wrote.

Petrocelli cited box office numbers, noting that the combined opening weekend revenue from ticket sales in theaters and Disney + Premiere Access receipts totaled more than $135 million. That surpassed other Marvel Cinematic Universe films that were released before the pandemic, including "Thor: The Dark World," "Ant-Man and the Wasp" and "Guardians of the Galaxy," Petrocelli wrote.

"Disney is now, predictably, trying to hide its misconduct in a confidential arbitration," Johansson's attorney John Berlinski told USA TODAY in a statement. "Why is Disney so afraid of litigating this case in public?"

Berlinski and his team "look forward" to presenting evidence to prove Disney's alleged wrongdoing, he said.

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After Johansson filed her complaint, a statement from Disney called the suit "especially sad and distressing in its callous disregard for the horrific and prolonged global effects of the COVID-19 pandemic."

Bryan Lourd, co-chairman of the Creative Artists Agency and Johansson’s agent, issued a response to Disney, saying the company "shamelessly and falsely accused Ms. Johansson of being insensitive to the global COVID pandemic." The response was "a direct attack on her character," Lourd said.

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The case's first hearing is scheduled for Oct. 15 in Los Angeles Superior Court