Back in April, members of the cast of Happy Days, including Marion Ross, Erin Moran, Don Most, Anson Williams, and the estate of the late Tom Bosley, filed a lawsuit against CBS, claiming that the network violated breach of contract and owed them for merchandising revenues that they had been cut out of. The $10 million suit claimed the stars of the sitcom “were guaranteed five percent of royalties profits if their images appeared on a product.”
CNN.com reported yesterday that the fraud claim was thrown out by Los Angeles Superior Court Judge Elizabeth Allen White, who ruled in favor of CBS.
According to the court ruling, “The exact details of this alleged promise to provide periodic revenue statements when merchandising revenue had been generated have not been plead with the requisite level of specificity required.” A spokesperson for the CBS Consumer Products Division said in a statement, “We are thrilled that the court has thrown out all claims for punitive damages and significantly narrowed this to a case of contract interpretation.”
While the Happy Days stars involved in the lawsuit reportedly “cannot receive punitive damages at the trial, which is scheduled for June 26, 2012,” Jon Pfeiffer, an attorney for the actors, told CNN, “We intend to press forward with the lawsuit. If we can’t punish the defendants, we certainly intend to expose their practices.”
‘Happy Days’ cast sues CBS over royalties