In the wake of the late December death of Olivia Hussey, a judge has delayed a decision on a request for attorneys’ fees by Paramount Pictures after the studio won a dismissal of a lawsuit brought by Hussey and her co-star of the 1968 film “Romeo and Juliet.”
On Monday, Los Angeles Superior Court Judge Holly J. Fujie asked for more briefing given that Paramount is seeking about $182,000 in attorneys’ fees from both Hussey and film co-star Leonard Whiting. Hussey died of breast cancer on Dec. 27 at age 73. Fujie delayed the hearing until April 23.
Hussey and Whiting contended they were duped into appearing partially nude in one of the movie’s scenes. Filed in February 2024 in Los Angeles Superior Court, the suit alleged unlawful use of intimate photos and likeness and violation of the Performers Rights Act of the United Kingdom, and focused on the release of the film’s digital photos.
In an anti-SLAPP (Strategic Lawsuit Against Public Participation) motion filed in May, Paramount Pictures attorneys stated that the entire case was a violation of the studio’s free speech. Fujie ruled in the studio’s favor on Oct. 18, saying it was too late for the plaintiffs to argue non-consent.
A previous suit brought by the pair alleged sexual harassment, childhood sexual abuse, fraud, negligence, infliction of emotional distress and other violations, and it was dismissed by a judge in May 2023.
Paramount and co-defendants Criterion Collections, Inc. and Janus Films LLC are seeking attorneys’ fees for having won the anti-SLAPP motion. Criterion and Janus are asking for about $16,220 in fees and costs and their request is set for hearing March 11.
According to the earlier lawsuit, Whiting was 16 years old when he played Romeo in the film, opposite Juliet portrayed by Hussey, who was 15 at the time. The first complaint further stated that the two actors were told by the film’s director, Franco Zeffirelli, “that there would be no nudity filmed or exhibited, and that plaintiffs would be wearing flesh-colored undergarments during the bedroom/love scene.”
Whiting is now 74 years old.
“Romeo and Juliet” won Oscars for cinematography and costume design. The film was nominated for best picture and best director for Zeffirelli.