LOS ANGELES—Two South Carolina fraternity men implored a Santa Monica judge for justice for their appearances in the "Borat" film, but the request was denied.
The fraternity men stated that they were coerced into appearing in the widely successful film starting personality Sascha Baron Cohen. The men wanted their scenes to be removed from the film, but the judge denied their request and said that the film would stay in its completed state.
Both men claim to have been bought drinks by the film's crew members, proceeded to get inebriated and then were asked to sign up for appearances in the film.
Los Angeles Superior Court Judge Joseph Biderman ruled that the two plaintiffs didn't display enough certainty of the success on the merits or proof that collecting monetary damages would truly remedy the situation.
Biderman acknowledges that he didn't see any of the men behaving in a manner that displayed inebriation when they were approached by Baron Cohen's character in the film for their appearances. Biderman's position called into question the plaintiff's main argument that suggested the men did not know they were agreeing to appear in this film in the beginning.
The men sued 20th Century Fox, One America Productions, Everyman Pictures and Gold/Miller Productions, citing fraud, rescission of contract, statutory and common law false light, appropriation of likeness and negligent infliction of emotional distress.
A temporary restraining order for the men's scenes to be removed was filed but the suit was denied within hours of the being filed.
