The Sicilian (film) - Lawsuit

Lawsuit

As a result of the impasse with Cimino, the producers went to arbitration. "Every day that passed without the film being complete cost us and our partners—Fox and Dino DeLaurentiis—money." wrote McNall. "The judge in the arbitration acknowledged that problem and gave us a speedy hearing." Bert Fields represented the producers. Cimino's lawyers used a precedent established by Fields in an earlier case: Fields aided Warren Beatty's win in a dispute over final cut with the producers of the movie Reds, a finding that stated a contract granting a director final cut was absolutely binding. The producers challenged the claim that Cimino's 120-minute version of the film was a legitimate piece of work. "It was an act of bad faith," argued McNall, "no matter what the contract said."

Dino DeLaurentiis was called in to testify as an expert witness. DeLaurentiis had overseen Cimino's Year of the Dragon, set the precedent for giving Cimino final cut in the contract for that film and even gave Cimino a positive recommendation to Begelman for The Sicilian. However, when DeLaurentiis took the stand:

"Final cut? I no give-a him final cut," he declared.

"But we've seen the contract," said Fields.

"Have you seen the side letter?" asked DeLaurentiis.

A subsequently unearthed side letter stated that notwithstanding the contract, Cimino did not have the right to final cut on Year of the Dragon. Fields argued that by withholding the side letter, Cimino defrauded the producers. The judge agreed. Begelman personally trimmed the film to 115 minutes.