Columbo creators sue claiming they were shortchanged profits

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http://www.hollywoodreporter.com/thr...s-show-1058225

Representatives of creators Richard Levinson, who died in 1987, and 83-year-old William Link have filed the lawsuit claiming that it took 45 years to receive their first accounting statement from Universal Studios for their iconic show. "The television studios are notoriously greedy," their lawsuit states.

[JamesG]

Judge Allows "Columbo" Fraud Lawsuit Against Universal
by Eriq Gardner
Feb. 9, 2018


Los Angeles Superior Court Judge Alan Rosenfield decided on Thursday that the creators of the 1970s show, "Columbo", sufficiently pleaded contract and fraud claims against Universal City Studios.

"Columbo" producers William Link and the heirs of Richard Levinson filed the lawsuit in November and allege being shortchanged on profits from the detective series that starred Peter Falk.




"The television studios are notoriously greedy," stated a complaint. "This case involves outright and obviously intentional dishonesty perpetrated against two iconic talents. Here, Universal decided it just wasn't going to account to Plaintiffs on Columbo. Universal just sat on the money owed to Mr. Link and Mr. Levinson for years without any justification. Universal had never issued a profit participation statement to Plaintiffs."

An accounting statement finally arrived in November 2016 along with a check for $2.3 million.







In defending the lawsuit, Universal's attorney Robert Klieger argued that plaintiffs lacked specificity on how they were allegedly underpaid.

"All we have here is a statement that requires a payment of net profits," Klieger told the judge. "And the we-think-we-are-entitled-to-more is based on information and belief... There's no information pled as to why the plaintiffs believe they are entitled to net profits beyond those that have been pled."

Klieger attempted to frame the dispute as one over the timing of accounting statements and payments, and while acknowleging that the "Columbo" producers have a right to audit books, added that in this instance, "It is highly unusual, and in our view, improper to come before the court and essentially leapfrogging over the ability to do the investigation."





But Rosenfield made Klieger admit the contract didn't require an audit as a prerequisite to a lawsuit and suggested the lack of detailed information was tied to no accounting statements sent until 2016. Over objections, the judge overruled a demurrer.

It likely won't be the last battle over whether plaintiffs have supported claims, but if Link and Levinson's family can get a fraud claim to trial, it would raise the possibility of punitive damages beyond what's owed under contract.

The mystery continues. "I had to smile when I saw what the name of the series was," the judge said at the hearing. "I thought jokingly about passing out cigars to everybody."

https://www.hollywoodreporter.com/th...versal-1083344

[JamesG]

"Columbo" Creators Win First Phase of $135M Profits Trial against Universal
by Eriq Gardner
March 11, 2019


Last week, a Los Angeles Superior Court jury got to hear a new "Columbo" mystery and came to the conclusion that Universal City Studios wasn't allowed to deduct $160 million in distribution fees for the 1970s detective series.

The verdict amounts to a big initial win for series co-creator William Link and the heirs of co-creator Richard Levinson, who waited 45 years before getting their first profit participation check despite "Columbo" taking in more than $600 million in revenue during its life cycle.




Through loan-out companies, Link and Levinson's heirs are suing Universal with contract and fraud claims. The lawsuit is another on the "Hollywood Accounting" front, and this one is both an investigation of what happened decades ago as well as one of the rare instances of a fraud case against a major studio actually getting to trial.

According to the complaint, Link and Levinson were entitled to at least 10 percent, and up to 20 percent, of net profits from the NBC series arising out of a contract signed in 1971 — but no profits came until 2016 when Universal issued accounting statements and payments totaling about $5 million.




What happened to all the other money for the series that starred Peter Falk?

That question first took a backseat to whether Link and Levinson's heirs made a timely objection or whether their claims were barred by the statute of limitations.









The plaintiffs pointed to an important 2017 appellate ruling reviving a profits case against Disney over "Home Improvement" for the proposition that the trigger point for contesting their lack of profits came only after Universal issued an accounting statement in 2016.

In turn, Universal argued that any incontestability clause in the profit sharing agreement didn't excuse Link and Levinson from having to sue within four years of a suspected breach of their contract —accounting statement or no accounting statement.

At trial, both sides presented evidence of what happened decades ago with the jury rendering a verdict that neither Link and Levinson had discovered facts until recently that would have caused a reasonable person to suspect profit cheating. Thus, Universal's attempt to foreclose claims fail.









Next onto the specifics of how Universal accounted for net profits on Columbo.

The plaintiffs are seeking $135 million in damages for all the ways Universal allegedly kept the show in deficit. That includes issues related to home video revenue, worldwide television syndication, and whether it grossly overstated production costs.




One big chunk pertains to whether Universal was allowed to deduct "distribution fees" on top of "distribution expenses." Both sides had dueling interpretations of the contracts and obligations, and they each had experts testifying about meaning of ambiguous contract language and industry custom. Plaintiffs estimate that once distribution fees are properly put back into net profits, the revenues swell by $162 million with Link and Levinson enjoying a contractual share of $21.5 million.

Although the jury didn't award damages, the jurors last Thursday at least decided that Universal wasn't allowed to deduct distribution fees when it acted as the distributor of "Columbo".









The case now moves onto a new phase, and both sides are scheduled to brief Judge Richard Burdge today on the issues that remain pending.

According to briefing prior to the trial, such issues may include whether the profit agreement entitles Universal to deduct Falk's own profit participation payment and whether Universal is allowed to offset losses from the second cycle of "Columbo" — that being when ABC begin airing new episodes in the late '80s as part of the network's weekly "Mystery Wheel."

Universal says those episodes were far less successful and remain unrecouped by $65 million. Universal contends “cross-collateralization” was allowed by contract. The judge will decide whether another jury trial is in order to resolve remaining disputes or whether to appoint an accounting referee to calculate cumulative damages based on an aggregate of all the rulings.

https://www.hollywoodreporter.com/th...versal-1193685

[JamesG]

Universal Headed to $77 Million Loss in "Columbo" Profits Lawsuit
by Eriq Gardner
July 26, 2019


A panel of accounting referees, tasked with figuring out what Universal City Studios owed to the creators of the 1970s detective series "Columbo", have concluded the right amount is $76.95 million.

The lawsuit was brought by heirs of William Link and Richard Levinson, who waited 45 years before getting their first profit participation check despite Columbo reaping hundreds of millions in revenue from broadcast and home video distribution.




The referees concluded that Link's and Levinson's loan-out companies were shorted about $36 million and additionally tacked on nearly $41 million in prejudgment interest. The total amount wasn't quite the $105 million that the plaintiffs insisted was due, but it was certainly more than Universal's contention.

The report now goes to Los Angeles Superior Court Judge Richard Burdge, who will issue final judgment.

https://www.hollywoodreporter.com/th...awsuit-1227254

[JamesG]

"Columbo" Creators Awarded $70M in Universal Profits Fight
by Ashley Cullins
Nov. 1, 2019


Universal City Studios must pay nearly $70.7 million in back profits and interest to the creators of "Columbo", as an L.A. judge on Thursday entered judgement following a three-phase trial.

https://www.hollywoodreporter.com/th...-fight-1251660