Disney Loses Round Two of Its Legal Battle With Gina Carano
A federal judge has denied Disney’s motion for a stay of proceedings and interlocutory appeal, meaning it looks like Gina Carano’s sex discrimination and wrongful dismissal lawsuit against the company is going to trial.
As a brief recap, Carano sued Disney in February over her 2021 firing from the Disney+ series The Mandalorian.
THE MANDALORIAN. Gina Carano as Cara Dune, Julia Jones as Omera, and Pedro Pascal as the Mandalorian
In a lawsuit funded by Elon Musk, Carano accused Disney of harassment and defamation after she refused to “conform” to the company’s views on issues such as Black Lives Matter, preferred pronouns, and election interference. In short, the actress claims that she was terminated simply for voicing right-wing political opinions on social media, in violation of the First Amendment.
Disney’s Response
Disney quickly responded, filing a motion in May to dismiss the suit. In their filing, the company argued that it has a “constitutional right not to associate its artistic expression with Carano’s speech.”
Specifically, Disney highlighted Carno’s social media post that compared the persecution of the Jews under Nazi Germany to what modern American conservatives face.
Photo: Disney
“Because history is edited, most people today don’t realize that to get to the point where Nazi soldiers could easily round up thousands of Jews, the government first made their own neighbors hate them simply for being Jews,” she wrote. “How is that any different from hating someone for their political views?”
Disney argued that Carano’s post trivialized the Holocaust by referring to “thousands of Jews,” not “millions.”
Disney’s Motion to Dismiss Was Denied
In July, Judge Sherilyn Peace Garnett rejected Disney’s motion to dismiss, ruling that Carano was hired to create television series and films, not to reflect the company’s values.
Photo: Miriam-Webster
“Defendants have not identified any evidence—in the Complaint or otherwise—to substantiate a claim that they employ public-facing actors for the purpose of promoting the ‘values of respect,’ ‘decency,’ ‘integrity,’ or ‘inclusion,’” Judge Garnett wrote.
“Accordingly, Defendants’ invocation of the supposedly detrimental effects of Plaintiff’s ‘mere presence’ as one of Defendants’ employees lacks constitutional import.”
Another Setback
Subsequently, Disney filed a request for a stay of the proceedings under the guise of alleviating the company’s burden of discovery in hopes of getting Judge Garnett’s ruling overturned by another court.
Today, however, Judge Garnett denied Disney’s motion.
Photo: Disney
“Having considered the parties’ submissions, the relevant law, and the record in this case, the Court DENIES the Motion,” she wrote.
“Defendants do not, however, explain how a Ninth Circuit opinion affirming the Court’s Order would alleviate the burden of responding to the discovery Plaintiff has propounded to date, nor is it apparent to the Court how such a decision could provide such relief,” Garnett wrote. “In any event, arguments regarding discovery — which, the Court notes, were not at issue in the Order — do not appear to have any bearing on the termination of the litigation and do not persuade the Court that certification is appropriate here.”
Carano’s Response
Following the ruling, Carano took to X to share her pleasure with the decision.
Photo: Xavier Collin/Image Press Agency/Sipa USA
“I am obviously very pleased with the opportunity to keep moving forward with the judicial process and into discovery,” she wrote Thursday on social media of the October 15 order. “While I wish this was not necessary as it is not my desire to be in this battle in court, I will not shrink away from it because it is hard or uncomfortable.””
The Case Will Go to Trial Next Year
With Disney’s latest attempt to stall the case denied, the discovery phase will continue.
THE MANDALORIAN. Gina Carano is Cara Dune
The trial, then, will start on September 29, 2025.
