PARADISE SQUARE Producer Garth Drabinsky Appeals Once More To Revive $50M Equity Lawsuit

Garth Drabinsky, the Broadway producer behind Ragtime, Showboat, and Paradise Square, is petitioning the courts once more to revive a lawsuit against Actors' Equity Association. BroadwayWorld reported earlier this summer that Drabinsky was denied in a previous petition to reopen the case.

The case, which had also been dismissed by a judge in 2023, accused the union of illegally placing him on its "Do Not Work" list. 

Drabinsky argues that AEA’s justification for blacklisting him - that he breached the union’s collective bargaining agreement (CBA) - is false, as he was never a signatory to the CBA and thus could not have breached it. This misrepresentation, he argues, undermines AEA’s claim of acting in legitimate self-interest.

The petition cites misinterpretation of two past precedents (H.A. Artists & Associates, Inc. v. Actors’ Equity Association (1981) and American Federation of Musicians v. Carroll (1968)) in the previous decision.

Drabinsky alleges that he did not control wages and working conditions for Paradise Square. The panel, however, concluded that he controlled various aspects of the production, including hiring, firing, and pay, based on inferences against him, which he argues is improper at the pleading stage.

Drabinsky is requesting a rehearing en banc and panel rehearing to correct these perceived errors, arguing that the panel’s decision conflicts with established Supreme Court precedent and improperly resolved factual and legal questions at the pleading stage.

After facing backlash from Equity and a number unions over unpaid wages and benefits from the Broadway production of Paradise Square, Drabinsky denied the claims and struck back, suing Equity in federal court, seeking 50M in damages for defamation and future monetary losses as a result of his addition to the list. He later filed an amended complaint, adding antitrust claims.