James Gunn’s Superman isn’t in the clear just yet. Following a federal court dismissing the lawsuit brought on by the Shuster estate and attorney Marc Toberoff over the foreign rights to the Man of Steel, citing lack of jurisdiction, now Toberoff has refiled his case in New York state court.
Toberoff is asking for an injunction, which would stop the release of the Superman movie in various foreign markets before the July release.
Toberoff Refiles Superman Case in New York Court
We get word about the new lawsuit filed in New York via Puck News:
Toberoff v. Superman, take two: As I predicted, the fight over Superman isn’t over… and Marc Toberoff isn’t the kind of lawyer to let things go. A month ago, as you’ll recall, a federal judge tossed out his case against Warner Bros.—which claimed that Superman rights had reverted to the estate of Joe Shuster, co-creator of the DC Comics hero, in the U.K., Ireland, Canada, and Australia—ruling that federal jurisdiction in the matter was lacking. (Shuster died in 1992.)
But quietly—and unreported, until now—Toberoff has refiled his case in New York state court, where it’s now pending. What’s more, he’s shooting for a quick injunction to block Warner Bros. from exploiting Superman in those foreign territories, theoretically jeopardizing the global rollout of James Gunn’s Superman reboot on July 11.
Last week, a New York Supreme Court judge ordered Warners to submit opposition papers by Friday, and appear in court on June 4 to explain why an injunction shouldn’t be granted. Sure, it would be a stunner if a Manhattan judge actually halted Superman’s international release. But something to keep an eye on.
Why the Superman Lawsuit Was Refiled in New York
So while not legal advice, it’s my understanding that since Toberoff lost in federal court, he is hoping that a New York court sides with him over the matter of the Shuster Estate’s claims that the foreign rights to Superman reverted back to them 25 years after the death of Joe Shuster in 1992.
Toberoff and the Shuster Estate are arguing that Warner Bros. shouldn’t be allowed to release the film in foreign markets. Since it’s a foreign copyright issue, Warner Bros. is arguing it’s out of U.S. jurisdiction.
Why Toberoff seems to have filed in New York is because Warner Bros. has a significant business presence in New York, so Toberoff can argue New York state has jurisdiction.
The preliminary injunction would temporarily block Warner Bros. from releasing or marketing Superman in the specified foreign countries (UK, Canada, Ireland, Australia, etc.) until the court can fully hear and decide the case, which may come after the July release.
So even if the court would later side with WB — Toberoff and the Shuster Estate would likely get the win because if the release of Superman is blocked, we can guess that Warner Bros. would be quick to settle.
We’ll find out more on June 4 when WB is slated to appear in the New York court.
Release info
Straight from WB: DC Studios Presents a Troll Court Entertainment/The Safran Company Production, A James Gunn Film, “Superman,” which will be in theaters and IMAX nationwide on July 11, 2025, and internationally beginning 9 July 2025, distributed by Warner Bros. Pictures.
