Disney Denied Early Review of ‘Mandalorian’ Actor Bias Suit

Walt Disney Co. lost its bid to get immediate appellate review of former “The Mandalorian” star Gina Carano’s discrimination lawsuit.

Disney’s request for immediate review by the US Court of Appeals for the Ninth Circuit over whether the First Amendment protected its ability as an artistic entity to make casting decisions by removing someone whose advocacy harmed its own expression isn’t purely a question of law, Judge Sherilyn Peace Garnett said in an ordered entered Wednesday.

Certifying this question, along with four other issues on free speech, wouldn’t advance the case towards termination, Garnett said. Nor did Disney identify a significant difference of opinion, like a circuit split.

The mixed martial artist turned actor sued the media giant earlier this year, alleging that her character was written off the show mainly because of her political views on issues ranging from gender identity, Covid-19, vaccines, and the 2020 election. Disney was unable to get the suit dismissed from the US District Court for the Central District of California. Elon Musk is financing the lawsuit.

Carano’s case may test the boundaries of California law, unique in protecting employees who are politically active outside their workplace from employer retaliation.

Schaerr Jaffe LLP represents Carano. O’Melveny & Myers LLP represents Disney, Lucasfilm Ltd., and Huckleberry Industries US Inc.

The case is Carano v. Walt Disney, C.D. Cal., No. 2:24-cv-01009, entered 10/16/24.