Scarlett Johansson's Lawyer Accuses Disney Of Being 'Afraid' To Publicly Litigate Her Lawsuit

Scarlett Johansson's lawyer is firing back at Disney after its latest filing, accusing the company of being "afraid" to publicly litigate the actress' lawsuit over "Black Widow."

Johansson sued Disney in July for alleged breach of contract over her pay for "Black Widow," which was released in theaters and streaming service Disney+ at the same time. The actress alleged her contract guaranteed exclusive theatrical release and that the hybrid release led to a reduction in her compensation.

Disney, which said that her lawsuit has "no merit whatsoever," filed a motion with the Los Angeles Superior Court Friday to move the lawsuit to binding arbitration in New York, People reported, citing court documents.

Arbitration is a confidential process "where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments," according to the American Bar Association.

In response to Disney's filing, Johansson's lawyer, John Berlinski, said in a statement to E! News Saturday, "After initially responding to this litigation with a misogynistic attack against Scarlett Johansson, Disney is now, predictably, trying to hide its misconduct in a confidential arbitration."

"Why is Disney so afraid of litigating this case in public?" he continued. "Because it knows that Marvel's promises to give 'Black Widow' a typical theatrical release 'like its other films' had everything to do with guaranteeing that Disney wouldn't cannibalize box office receipts in order to boost Disney+ subscriptions. Yet that is exactly what happened — and we look forward to presenting the overwhelming evidence that proves it."

Disney, which has released other movies simultaneously in theaters and on Disney+ amid the pandemic, insisted that its recent filing seeks to enforce the terms of a contractual agreement with Johansson.

"We are simply asking the Court to enforce the parties' contract requiring arbitration of all disputes," said attorney Daniel Petrocelli, who represents Disney and Marvel, in a statement to E! News Saturday.

Disney's filing stated that Johansson's company, Periwinkle, "agreed that all claims 'arising out of, in connection with, or relating to' Scarlett Johansson's acting services for 'Black Widow' would be submitted to confidential, binding arbitration in New York."

Furthermore, Disney alleged that Johansson's contract did not mandate theatrical distribution, "let alone require that any such distribution be exclusive." The court document also stated that while their contract only required that the movie be released on no less than 1,500 screens, "Black Widow" premiered in July on more than 30,000 screens.

Disney insisted in its first statement about the lawsuit that it "fully complied with Ms. Johansson's contract," adding that the release of "Black Widow" on Disney+ "significantly enhanced her ability to earn additional compensation on top of the $20 million she has received to date."

Meanwhile, Johansson alleged in her filing that the hybrid release was used by Disney to increase subscribers on its platform and boost the company's stock price.

"Disney’s financial disclosures make clear that the very Disney executives who orchestrated this strategy will personally benefit from their and Disney’s misconduct," part of her lawsuit read.

Her agent, Bryan Lourd, also alleged that Disney "shamelessly and falsely" accused Johansson of "being insensitive to the global COVID pandemic, in an attempt to make her appear to be someone they and I know she isn't."

"This suit was filed as a result of Disney's decision to knowingly violate Scarlett's contract. They have very deliberately moved the revenue stream and profits to the Disney+ side of the company, leaving artistic and financial partners out of their new equation. That's it, pure and simple," he said.

Two weeks after Johansson filed her lawsuit, Disney CEO Bob Chapek stated during an Aug. 12 earnings call that he supports the company's hybrid movie release model, Deadline reported. While he did not mention Johansson or "Black Widow" by name, he said he and former CEO Bob Iger "determined" that the dual release plan for several of this year's movies "was the right strategy to enable us to reach the broadest possible audience."