Nearly four years after executive producer Barry Josephson first filed his breach of contract and fraudulent inducement complaint against Fox over millions in alleged lost profits from the long running Emily Deschanel and David Boreanaz-led series, the now Disney-owned entity has reached a deal to end the legal battle.
Cloaked in confidentiality, the agreement is said to be a “substantial” payout to the actors, the Kinsella Weitzman Iser Kump & Aldisert LLP repped Josephson and fellow EP and author Kathy Reichs, I hear. The settlement was revealed in dismissal paperwork that Deschanel, Boreanaz and Reichs lawyer John Berlinski of Kasowitz Benson Torres LLP filed for both sides in Los Angeles Superior Court this morning asking for “entire action of all parties and all causes of action” to be tossed “with prejudice.”
The end to the bitter litigation comes just three months after Josephson added a fraud claim to his case following the rejection by a LASC judge of the $128 million in punitive damages that the EP and the Bones gang were handed in a scorching February final order by arbitrator and former judge Peter Lichtman. Lead by attorney Daniel Pettrocelli, the House of Mouse controlled Fox had vowed to fight any attempt to resuscitate the case, but clearly that was only to a point.
Acquiescing to the just over $50 million in non-punitive damages that stars Deschanel and Boreanaz and EPs Reichs and ex-Tick boss Josephson received from Lichtman in his final award, the OMelveny & Myers and Fox argued successfully to Judge Richard Rico in May that punitive damages were never part of anyones Bones contract and hence, cant be and wont be paid out.
Certainly Fox took a hit in another fashion too.
In the arbitrators award ruling, former LA Superior Court judge Lichtman specifically and damningly slammed Rice, a “disingenuous” Walden and Fox TV chair Gary Newman as appearing “to have given false testimony in an attempt to conceal their wrongful acts.” The arbitrator also made a stinging point of calling out Fox itself as having a “company-wide culture and an accepted climate that enveloped an aversion for the truth.”
Having formally acquired a huge swath of Fox in a $71.3 billion purchase earlier this year, CEO Bob Iger tweeted out on February 27 that he had “complete confidence” in inherited execs Waldens and Rices “character and integrity.”
Integrity was likely not a term the Bones team would have used in relation to their once Fox overlords.
Actors and fellow Bones produceRead More – Source