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Cameo Clips

BY Stan Soocher
December 27, 2011

FILM PRODUCTION LOSSES/ISSUE PRECLUSION

The Court of Appeals of Colorado decided that the outcome of a suit by film producer Bristol Bay against book author Clive Cussler in California ' over the unsuccessful film Sahara, which lost more than $50 million ' precluded a suit by Bristol Bay against Cussler's agent and book publishers in Colorado. Bristol Bay Productions LLC v. Lampack, 10CA2039. A California jury had in part ruled against Bristol Bay (earlier known as Crusader Entertainment) on its deceit claim against Cussler; the California Court of Appeal affirmed. Bristol Bay also sued Cussler's agent and publishers in Denver District Court over the allegedly inflated number of 100 million of Cussler's books sold that had been told to Crusader during negotiations for use of the Cussler literary property. Bristol Bay claimed the actual sales figure was closer to 40 million. But the Denver court dismissed Bristol Bay's suit, citing issue preclusion from the California litigation.

Affirming, the Colorado appeals court noted as to Cussler's agent Peter Lampack: “In California, the parties litigated and the jury determined that either Lampack, when acting on Cussler's behalf, or Cussler himself misrepresented the number of books that Cussler had sold. The parties also litigated and the jury also determined that, although Bristol Bay relied on this misrepresentation when it entered into the contract with Cussler, this reliance was not a sufficient cause of harm to Bristol Bay as to support a claim for damages.”

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