Former Bush Assistant Sues over 'Swing Vote'
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Bradley Blakeman, a former member of the Bush administration, claims the movie "Swing Vote" is based on a copyrighted treatment he gave to actor Kelsey Grammer, who passed it along to Disney's Touchstone Pictures without his knowledge or permission.
Blakeman sued for copyright infringement in Federal Court, claiming the newly released "Swing Vote" - a comedy about an incumbent president and his challenger vying for the deciding vote of a man named Bud Johnson - is so similar to his "Go November" treatment that it "can only be explained as a deliberate copying on the part of the defendants."
Blakeman's script allegedly features a "down-to-the-wire" presidential election that hinges on swing voters.
The plaintiff claims he pitched the idea to Grammer in 2006, and the "Frasier" star agreed to develop the movie and play the incumbent Republic president.
Instead, Grammer allegedly pitched the idea to Touchstone and Treehouse Films, and was cast as the incumbent president in "Swing Vote."
Blakeman is a former deputy assistant to President Bush and is a regular political commentator for Fox News, MSNBC and others. He also played a prominent role in the 2008 HBO movie "Recount."
He seeks a declaration that "Swing Vote" infringes on "Go November" and an injunction barring the defendants from exploiting Blakeman's work. He also demands proper credit, along with actual and punitive damages. He is represented by Todd Rubenstein of Abrams, Fensterman, Fensterman, Eisman, Greenberg, Formato & Einiger LLP.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.