The Borat movie has only been out a few days, and lawsuits are flying already. Two frat boys from South Carolina have sued "Borat", comedian Sacha Baron Cohen, and the movie's makers and producers. The suit alleges that they were tricked into believing that the film would not be shown in the United States, and that the young men only signed the Standard Consent Agreement after they had been drinking alcohol.
The Complaint alleges several causes of action: fraud, false light, appropriation of likeness, and negligent infliction of emotional distress. This despite the fact that Paragraph 4 of the Consent Agreement specifically waives their rights to file any such actions.
They key then is the plaintiffs' demand for recission of the Consent Agreement. If they can succeed in having that waiver rescinded, then the claims the waiver would otherwise bar can move forward.
The plaintiffs allege that they were both lied to about the movie, and that they were intoxicated at the time they signed the waiver. Either allegation, if sufficiently proven, could serve as a basis for rescission of the waiver, which would allow the other claims to go forward.