Review the case of Marder v. LopezUsing IRAC, what is the issue in this case? What rule does the court apply here? Apply the facts in that case to the rule that you set forth. Finally, come to a conclusion regarding the issue set forth in the case.
CASE 10.1 FEDERAL COURT CASE Contract Marder v. Lopez 450 F.3d 445, Web 2006 U.S. App. Lexis 14330 (2006) United States Court of Appeals for the Ninth Circuit "....In hindsight the agreement appears to be unfair Issue to Marder-she only received $2,300 in exchange for a Is the general release Marder signed an enforceable release of all claims relating to a movie that grossed over contract ? $150 million . .. ." -Pregerson, Circuit Judge Language of the Court Facts The Release's language is exceptionally broad and we The movie Flashdance tells a story of a woman construct hold that it is fatal to each of Marder's claims against tion worker who performs at night as an exotic dancer. Her Paramount. Accordingly, the law imputes to Marder goal is to obtain formal dance training at a university. The an intention corresponding to the reasonable meaning movie is based on the life of Maureen Marder, a nightclub of her words and acts. Though in hindsight the agree- dancer. Paramount Pictures Corporation used informa- ment appears to be unfair to Marder-she only received tion from Marder to create the screenplay for the movie. $2,300 in exchange for a release of all claims relating Paramount paid Marder $2,300, and Marder signed a gen- to a movie that grossed over $150 million-there is eral release contract that provided that Marder "releases simply no evidence that her consent was obtained by and discharges Paramount Picture Corporation of and fraud, deception, misrepresentation, duress, or undue from each and every claim, demand, debt, liability, cost influence. and expense of any kind or character which have risen or are based in whole or in part on any matters occurring at Decision any time prior to the date of this Release." The U.S. court of appeals held that the general release Paramount released the movie Flashdance, which Marder signed was an enforceable contract. The court of grossed more than $150 million in box office receipts appeals affirmed the judgment of the district court that and is still shown on television and distributed through dismissed Marder's complaint against Paramount. DVD rentals. Marder brought a lawsuit in U.S. district court against Paramount, seeking a declaration that she Ethics Questions had rights as a co-author of Flashdance and a co-owner with Paramount of the copyright to Flashdance. The dis- Did Marder act unethically in bringing this lawsuit? trict court dismissed Marder's claims against Paramount. Did Paramount owe an ethical duty to pay Marder more Marder appealed. money after the movie Flashdance became a success
