SMALLVILLE writers and producers had primary claims of their lawsuit against Warner Bros. thrown out, according to The Hollywood Reporter.
SMALLVILLE writers and producers had primary claims of their lawsuit against Warner Bros. thrown out, according to The Hollywood Reporter. The writers and producers are fighting over revenue from the CW series.
Los Angeles judge Michael Johnson ruled that co-creators Miles Millar and Alfred Gough and Tollin/Robbins Prods. were not due a fiduciary duty for the show. The claims of breach of contract and breach of the implied covenant of good faith and fair dealing still remain.
The suit claims that WBTV and Warner Bros. Domestic TV Distribution did not seek the best deal for the series when it licensed it to sister company WB network (and then the CW).
Warner Bros. argues that the deal with the writers and producers do not have a joint venture with the company. The writers and producers do not have to share losses, only profits, and that as employees they could have been let go at any time. The judge ruled in favor of Warner Bros. even though Tollin/Robbins has a "venture agreement" with Warners.
The writers and producers will appeal the decision.