Citing her advanced age, legendary actress Olivia de Havilland has filed a motion in her "Feud" lawsuit for a preferential trial date this fall.
De Havilland's attorneys filed in Los Angeles Superior Court on Tuesday, requesting that the jury trial be set in November or no later than 120 days of her motion being granted. The 101-year-old is hoping that a judge will fast track the trial during her Sept. 13 hearing date, which is just days before "Feud" is expected to be a big winner at the Primetime Emmy Awards. (The miniseries is nominated for 18 awards.)
The "Gone With the Wind" star sued FX and "Feud" showrunner Ryan Murphy last month over her depiction in the miniseries about rival actresses Bette Davis and Joan Crawford. The two-time Oscar winner, who was played by actress Catherine Zeta-Jones on the show, makes legal claims about violations of her common law and statutory rights of publicity, her right to privacy and unjust enrichment.
"Based on her unusually advanced age, resulting particular susceptibility to disease, and recurring health issues, there is a substantial likelihood that she, as with anyone at this advanced age, may not survive for any extended period of time," the motion said. "It is likely that if a trial preference motion is not granted, Olivia de Havilland will be prejudiced, because on the normal schedule, trial would not be set within the next 120 days."
Her team also argued that because she is the sole plaintiff, De Havilland is crucial to the trial.
"Olivia de Havilland has a substantial interest in the litigation as a whole here as her personal statutory right of publicity cause of action does not survive her death. ... Further, should Olivia de Havilland die before her trial date, she will not be able to enjoy the benefits which she would receive in damages," the motion said.
De Havilland's June 30 lawsuit said the show damaged her "professional reputation for integrity, honesty, generosity, self-sacrifice and dignity." She claimed that FX, Murphy and Fox producers never sought or obtained her permission to be depicted in the series and that Zeta-Jones' portrayal of her in an episode about the 1963 Oscars cast her in a "false, hurtful and damaging light."
The defendants have not yet responded to de Havilland's initial filing.
According to Deadline, the Paris-based actress will not be attending the September hearing but may return to Hollywood if the trial is expedited to November.
