Universal Orlando Resort’s attempt to dismiss a lawsuit was denied in court.
A major lawsuit is brewing over a popular attraction located at Universal Studios Florida in Universal Orlando Resort.
Last April, Dynamic Motion, the ride maker behind Universal’s “Race Through New York Starring Jimmy Fallon” ride, alleged it was owed more than $5 million in “unpaid invoices” related to the ride, according to reports from the Orlando Business Journal.
While Universal Orlando was hoping to get the lawsuit thrown out, U.S. District Court Judge Roy B. Dalton Jr. this month denied a motion to dismiss the lawsuit by entities related to Universal Orlando.
“The court is unpersuaded. It is axiomatic that ‘[t]he plaintiff is the master of the complaint. The plaintiff selects the claims that will be alleged.’ … Here, defendants offer no authority in arguing that plaintiffs should have to replead their contract claims as patent infringement, trademark infringement, and theft of trade secrets claims. As it stands, this argument is unsupported, as nothing requires plaintiffs to restructure their complaint simply because the contract dispute involves intellectual property,” said the denial order.”
In addition, the court disagrees with Universal’s allegations that the complaint should be dismissed due to “shotgun pleading.”
“Defendants also argue that the complaint should be dismissed as a shotgun pleading because it lumps the parties together and plaintiffs fail to identify which party owns the IP and how each plaintiff is entitled to relief,” said the court’s denial order. “Even though multiple claims are asserted against multiple defendants, the complaint could be ‘fairly read to aver that all defendants are responsible for the alleged conduct.’ Plus, defendants refer to themselves collectively under the [master purchase agreement], so they cannot, without more, claim prejudice for that designation now.”
Universal’s official description of Race Through New York Starring Jimmy Fallon reads:
Take the Show for a Ride.
Face Jimmy Fallon and all your favorite characters from NBC’s “The Tonight Show” in a fun-filled race through, below and above New York City. Board the unique “flying theater” and you’ll speed through the busy streets of midtown Manhattan, soar over skyscrapers, even dive into the East River as you hurtle neck and neck towards the finish line.
This isn’t the only major lawsuit that Universal Orlando is currently involved in. Universal was recently smacked with a $250 million lawsuit by a Georgia real estate company over its acquisition of the land in which the Epic Universe is being constructed. The Epic Universe is scheduled to open in 2025 and will be the largest Universal Park in the world when completed.
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