PARADISE SQUARE Producer Garth Drabinsky's Bid To Revive $50M Equity Lawsuit Denied

Garth Drabinsky, the Broadway producer behind Ragtime, Showboat, and Paradise Square, latest petition to have the courts revive a lawsuit against Actors' Equity Association has been denied. BroadwayWorld previously reported earlier this summer that Drabinsky was denied in a previous petition to reopen the case several times already.

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 argued 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 cited 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 alleged 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 was 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.