Shangold v. Walt Disney Co

In Shangold v. Walt Disney Co. (2006 WL 71672, 1 [SD NY, Jan. 12, 2006, No. 03 Civ 9522 (WHP), affd 275 Fed Appx 72 [2d Cir 2008]), plaintiffs, authors who had submitted story proposals to a publisher owned by defendant, sued defendant claiming that defendant published a book similar to plaintiff's 1995 story (id.). Defendant established the plaintiffs' 1995 submission contained several references to a "Palm Pilot," a device which was not in existence when plaintiffs allegedly submitted their story proposal (2006 WL 71672). Accordingly, the court found plaintiffs intentionally fabricated the basis for their lawsuit, and bolstered that fabrication with perjury (id.). In dismissing plaintiffs' action, the court noted "no sanction short of dismissal would suffice to deter future misconduct" (2006 WL 71672, 5).