When you first saw the trailer for Danny Boyle’s Yesterday three years ago, you probably remember the star power. Starring Himesh Patel and Lily James, there were also celebrity appearances of Ed Sheeran and James Corden. However, two fans remembered seeing Cuban-Spanish actress Ana de Armas in the trailer only to face disappointment in her not appearing in the movie. After throwing a $5 million lawsuit at Universal for removing Ana de Armas from Yesterday, they have now dismissed the lawsuit.
Michael Rosza and Conor Woulfe clearly felt disappointed about not seeing the War Dogs actress in Yesterday. After suing Universal for “false advertisement, unjust enrichment, and violation of unfair competition,” The Hollywood Reporter said that Judge Stephen Wilson has reached a decision to dismiss the lawsuit.
In the film’s official trailer, you can see a scene that clearly shows Ana de Armas in it. She’s lovingly watching the character of Jack perform The Beatles‘ “Something” on The Late Late Show with James Corden. Originally, they were going to have de Armas’ character be another love interest to Jake, rivaling his friend, Ellie. However, test audiences felt that it made the character of Jack appear less sympathetic. This led to the removal of Ana de Armas’ role.
Rosza and Woulfe alleged in their lawsuit last year against Universal seeking $5 million on behalf of affected audiences. Their complaint was that they rented Yesterday after watching the trailer that featured Ana de Armas in it. After discovering her not in the movie, they accused the studio of misrepresentation, with the actress listed as part of the cast in search results. Woulfe even rented the rom-com movie a second time on Google Play to see if de Armas would show up in the director’s cut, only not to appear there either.
Why Was the Ana de Armas Lawsuit Dismissed?
U.S. District Judge Stephen Wilson said that the two fans didn’t watch the movie based on the alleged misrepresentations from Universal. Plus, it didn’t help that Woulfe admitted he rented the movie a second time. This made the lawsuit “lack standing,” with any ill feelings he experienced not seeing Ana de Armas in it as “self-inflicted.” Wilson concluded there was no reason for Woulfe to believe renting Yesterday for a second viewing would be any different.
Movie studios typically release trailers after completing substantial portions of the film. But that doesn’t mean everything shown in the trailer will make it into the final cut. Deleted scenes usually showcase either cut portions or are entirely erased from existence. If the plaintiffs won their lawsuit, more people would be suing studios for false advertising in movie trailers. As of yet, movie trailer creators don’t have anything to worry about with their work.
