I don't know where legal precedent would sway, but perhaps all things being equal, a judge may rule against a preliminary injunction to stop Skulls because people's jobs are on the line and they are already on location?
Movie productions are constantly shut down for legal and/or non-legal reasons. I have friends in the industry that have worked on shows/films that shut down two weeks into shooting. Sometimes it’s a studio regime change. Sometimes it’s budgetary reasons. And a lot of other times it’s legal reasons. Whatever that reason is, jobs being on the line do not matter. And a judge, even if they feel sympathy for the crew, cannot make a decision based on personal feelings. The decision will be based on how they interpret the complaints. I will say that half my screenwriting friends believe Disney will open their pocket book and settle if the hearing doesn’t go their way, while the other half think Disney loses completely and production is stopped. So we’re back to speculating and being hopeful (whichever way you’re leaning) for another two weeks.
I am not suggesting the judgment will be made upon personal feelings.
But we're talking a preliminary injunction versus a permanent junction here, where production would be stopped not based on the merits of the arguments, but based on the merits of the initial claims and its surrounding ramifications.
All things being equal, it's my understanding the judge has to absolutely factor in what exactly she would be stopping (which is a movie is in production right now) and weigh those ramifications on the strength of the claims. This is one of Disney's key points in this countersuit... a You can't do this now - we're working on a film at this very moment!
It can't not be taken into account in a temporary injunction.
In regards to legal precedent. To my understanding it has to be specific. It can't be productions have been stopped before.
Legal precedent would be a previous case where a preliminary injunction was enforced to stop a film currently in pre-production, based on errors in a copyright termination notice.