CAA List of “Underperforming Writers” Now Under Court Spotlight

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In September 2016, a list was shared within CAA (Creative Artists Agency) categorizing John Musero, a writer for The Newsroom, as one of their underperforming writers. This came as a surprise to Musero since he wasn’t aware of the list and his inclusion on it, given that he had an active writing job at the time. In fact, Musero was optimistic about his screenplay titled “Main Justice,” a legal drama similar to The West Wing, which had been optioned and was set for production.

Approximately a month after the initial sharing, another document known as the “cutting list” came into circulation among CAA agents. This list included the former head of the TV literature department. In this list, there was an entry with Musero’s name and a note saying “get rid of.” Following this, the writer was subsequently dropped by the agency.

Back in 2019, I found myself embroiled in a lengthy legal battle with CAA and my former agent, Andrew Miller, over an ongoing dispute that started when they allegedly passed my concept for a drama series to a bigger client without compensating me fairly. As the case grew, it’s become clear that this could potentially become a major PR issue for CAA.

During the court proceedings in 2023, I uncovered internal communications related to those lists that I believe show my agents intentionally stopped trying to secure work for me. This week, the court gave the green light for these allegations to proceed to trial while dismissing claims that CAA stole the idea for “Main Justice.”

Now, a jury will decide if the agency breached its duty to me by placing me on a secret list of underperforming writers. I’m hoping for justice and a chance to get back to what I love most – gaming and creating stories.

Ruth Majors, a legal representative for Musero, claims that CAA has deceptively maintained confidential blacklists of its clients under the guise of protecting their interests. Despite denying access to these lists, evidence suggests they do exist, and it’s long been whispered in the industry that such lists may have damaged or even ended the careers of unsuspecting CAA clients for years.

Regarding the matter at hand, CAA stated that in an attempt to discredit Mr. Musero, they are referring to two emails, made a decade ago by individuals who no longer work with them, which had no impact on CAA’s client-agent relationship with Musero. They further mentioned their satisfaction with the judge’s decision, dismissing John Musero’s claim that CAA stole his pilot concept idea. Andrew Miller, a renowned agent at CAA, has always acted with integrity and is known for his success, which underscores his dedication, skill, attention to detail, and commitment to his clients’ best interests.

The existence and usage of the lists is under question, as most details about them are kept confidential. The Court documents indicate that CAA claims these lists are not part of their regular agency practices, and that only two agents had access to them, with Miller not being one of them. In their perspective, these lists were intended for identifying writers requiring additional focus rather than for deciding who should be dismissed. They argue that conducting internal assessments of clients’ performance is not a breach of trust. So far, only Musero’s name has been disclosed as being on the “underperforming” and “cutting” lists; no other names have emerged from the discovery process.

In summary judgment, CAA contended that simply having lists of struggling writers does not represent a breach of any obligation. They presented several defenses, one being whether talent agencies, unlike real estate agents or attorneys, are not required to show loyalty and honesty towards their clients.

In the verdict, the court dismissed the claim. According to Bessinger’s statement, it’s difficult for a talent agent to justify that they can behave deceitfully, disloyally, and against their client’s best interests without facing consequences, he wrote.

one being a spinoff of “The Good Wife” and another an unnamed HBO project. However, due to Musero’s limited experience and accredited works, there were scarcely any writing opportunities at Miller’s level, as he stated in a court affidavit.

Nevertheless, the court asserted that actions taken by CAA and Miller may have impeded Musero’s opportunity to secure fresh representation, tarnished his professional standing, and obstructed him from securing writing jobs.

As per Musero’s account, there’s disagreement from CAA about this, but Miller chose to part ways with the writer and put him on two blacklists. Before Musero’s screenplay option was returned to him, CAA revamped that concept with a different writer and sold it to a significant TV network. This network then turned the idea into a pilot, keeping the original title and not giving credit to Musero.

According to Musero’s statement, it appears that CAA covertly places certain clients on a list without disclosing this fact, leading them to believe they are still being advocated for. This revelation aligns with long-held suspicions within the industry. It seems that the careers of CAA clients and Guild members may have been adversely affected or even terminated, all without their knowledge.

At the upcoming trial, one of the questions to consider is whether the Content Access Authority (CAA) has policies in place to shield writers from potential harm caused by being added to such lists. If it’s found that they don’t, this could potentially be seen as a violation of their duty.

The trial will focus on determining if the alleged blacklisting violates contractual obligations and trust responsibilities. A victory was secured for CAA, as Judge Kerry Bessinger discarded claims that CAA stole Musero’s script idea to benefit a more prominent client of theirs, Sascha Penn, in the Los Angeles Superior Court.

Back in September 2015, I, the creator, put forward my pilot to my agents, and on my own initiative, I also sent it to a producer who passed it along to Nick Pepper, the head of TV at The Mark Gordon Company. The Dan Jinks company showed some interest in airing the show on CBS, but I felt that The Mark Gordon Company, also a client of CAA, was a more enticing potential buyer. I asserted that my agents halted their efforts to find other buyers while The Mark Gordon Company was considering its offer, rather than trying to spark higher bids from competitors.

As a gamer, I was relieved when it was decided that the two shows didn’t have enough similarities to suggest idea theft. In my own words, I’d say: “Both our ‘Main Justice’ projects share a similar influence – ‘The West Wing.’ It’s not just about copying, it’s about emulating a popular TV show that has shaped the way legal-political dramas are presented.

The trial is scheduled to start in October.

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2025-06-21 02:24