In late 2013, the producers of
The Expendables,
Nu Image and
Millennium Films, filed a lawsuit against Callaham and the
Writers Guild of America for fraud, unjust enrichment, and declaratory relief over a "flawed and misinformed" Guild arbitration that gave Callaham undeserved writing credit for
The Expendables and
The Expendables 2. They demanded reimbursements from Callaham for any payments made to him for his fraudulent credit in the two films and to award director, co-writer, and star
Sylvester Stallone sole writing credit. The producers accused Callaham of "subterfuge" by intentionally withholding emails and other correspondences from the WGA screenwriting credit arbitration panel in 2009 that reportedly reveal how very little Callaham was involved with
The Expendables. The producers also attempted to legally block a WGA arbitration meeting that was to take place on January 31, 2014, however, a judge denied their request; the meeting was to discuss bonus money and interests owed to Callaham for
The Expendables 2. Similarly, writer Marcus Webb filed a lawsuit against the producers, Callaham, and Stallone in October 2011, claiming that
The Expendables was based on his mercenary script
The Cordoba Caper. However, Stallone's lawyers countered at the time that
The Expendables was based on Callaham's script
Barrow, originally written for
Warner Bros. and provided to Stallone by his agent. Stallone had even provided a sworn declaration, stating, "In those rewrites, I kept Callaham’s story about a group of highly trained mercenaries overthrowing the dictator of a Latin America island." In December 2012, U.S. District Judge Jed Rakoff noted, during a ruling in the Webb case, the hypocrisy from Stallone's comments, pointing out a signed letter during his own WGA arbitration claiming that
The Expendables was original and did not repurpose anything from Callaham's
Barrow. Rakoff then dismissed Webb's case, stating that he failed to provide "striking similarities" between
The Cordoba Caper and
The Expendables. Webb later re-appealed on January 15, 2014, weeks after Nu Image's lawsuit against Callaham and the WGA. Webb's attorneys pointed out the contradictions from the producers of
The Expendables, who previously offered evidence that the film was and was not based on Callaham's
Barrow. On March 31, 2014, Nu Image and Millennium Films reached an undisclosed conditional settlement with Callaham. ==Filmography==