Terrence Howard is asking a judge to reconsider her recent decision to dismiss his lawsuit against Creative Artists Agency LLC in which the actor says the talent agency fraudulently convinced him to take less money for his “Empire” role, saying some exhibits the judge believed had not been lodged indeed were.
Los Angeles Superior Court Judge Cherol Nellon issued her dismissal ruling on July 31 after having heard arguments July 22 and taken the issues under submission. The judge found that Howard had failed to create a triable issue as to his entitlement of damages, even though she assumed that Howard could establish duty, breach, fraud elements and causation as to liability.
The judge explained that even if there were an increase in compensation it would have been to the benefit of Howard’s loan-out company, Universal Bridges, and not the actor.
A loan-out company is a personal business structure, usually created by an actor, musician, writer or athlete, in which the company’s creator becomes an employee of their own corporation and the company loans out their services to third-party studios or other employers.
On Monday, the 57-year-old Howard’s attorney filed court papers with Nellon in advance of a Nov. 17 hearing urging her to take another look at her ruling based on the lawyer’s contention that a set of exhibits the judge believed had not been lodged with the court on July 22 had indeed been lodged two days earlier.
The “Hustle & Flow” actor’s lawyer further requests that the CAA dismissal motion now be denied or, alternatively, that additional briefing be permitted along with a further hearing.
“CAA’s own moving evidence … did not establish that additional Universal Bridges revenue could not benefit Howard,” the actor’s attorney states.
In their court papers in support of dismissing or paring Howard’s suit, CAA attorneys argued that Howard lacked standing to bring his claims and that they were barred by the statute of limitations. The defense lawyers also maintain that CAA negotiated diligently on his behalf and that his claims and damages are speculative as well as “utterly meritless.”
“Empire” had a debut pilot that reached nearly 10 million viewers, marking Fox’s highest-rated debut in three years, the suit stated.
“As a result, `Empire’ was an instant success, not only exceeding the network’s viewership expectations, but also bringing in significant praise by critics throughout the entertainment industry,” the suit filed in December 2023 stated.