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Prospect Park Amends Complaint Against ABC, Seeks Over $95 Million In Damages
Topic Started: Nov 13 2013, 08:24 PM (1,217 Views)
SafeFan2010
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http://www.hollywoodreporter.com/thr-esq/soaps-producer-ramps-up-abc-655678

New legal papers allege that ABC schemed to sign secret deals with soap opera actors and frustrate the relaunch of "One Life to Live" and "All My Children."

Prospect Park, which licensed the soaps from ABC with plans to relaunch them as web-only series, sued in April in Los Angeles Superior Court claiming that the network sabotaged the relaunch by, among other things, killing off key characters.

On Wednesday, the plaintiff filed a new amended complaint with more details of ABC's alleged fraud and a demand for more than $95 million in damages. According to the latest court papers, ABC schemed in a quest for a "mega soap."

After Prospect Park entered into a license agreement for all of the elements of the series, ABC is said to have realized its error in abandoning the soaps. Prospect Park had some trouble in launching an online version, and ABC allegedly dismissed the producer's chances of developing the soaps and exercising its option. In late December, ABC announced it had hired two executives familiar with OLTL and despite its agreement with Prospect Park, began scheming "in its quest for a mega soap."

As part of the alleged plot, ABC convinced Prospect Park to permit it to "borrow" certain OLTL characters for use on ABC's remaining soap, General Hospital, in a limited and short-term capacity.

The plaintiff says that "even before the ink dried on the parties' agreement, ABC began unilaterally changing key storylines and themes, literally killing some OLTL characters and deeply integrating others into the GH landscape, all to create a mega soap of GH behind Prospect Park's back."

The lawsuit says the plan to kill off characters was hatched even before ABC approached Prospect Park to "borrow" characters. "ABC never intended to keep its promise," says the lawsuit. "The changes bewildered and alienated longtime OLTL fans."

As part of the next facet of the alleged scheme, the complaint states that "ABC even went so far as to induce the actors who had been playing some of the more popular characters on OLTL to sign secret, exclusive, multiyear contracts with ABC -- all without a word to Prospect Park."

Those contracts are alleged to have been used by ABC to "limit or prevent the actors' return to OLTL once Prospect Park exercised its option rights."

The new allegations come after the parties engaged in discovery since the lawsuit was filed in April.

"We have developed an increasing amount of evidence from ABC," Prospect Park attorney James Maloney, a high-profile trial lawyer who has been involved in cases on behalf of T. Boone Pickens' Mesa Petroleum as well as Shell and Penzoil. "The arrogance of ABC is simply amazing."

Prospect says that it has been damaged by such actions. The company says it has tried its best to salvage OLTL, but ABC has blocked it at every turn by refusing to run advertisements, by enlisting third parties like Hulu to back away from making any assistance, by keeping its actors away from talk shows like Good Morning America and The View and by commandeering critical OLTL actors.

"Confronted with losing its entire investment or trying to pick up the pieces and press on, Prospect Park eventually produced one new season of OLTL and of AMC," says the lawsuit. "But, the damage could not be undone, nor the fans reclaimed. As a consequence of ABC’s fraud and its multiple breaches of both the express terms of the parties' contract and the implied covenant of good faith and fair dealing included in every contract in this state, Prospect Park has sustained the loss of its investment of over $30 million, as well as the profits that it stood to make had ABC acted as the partner it had held itself out to be."

At the time of the original filing, ABC denied the claims.

"ABC remains very supportive of the online launch of both One Life to Live and All My Children," the network said in a statement after the original suit was filed. "With respect to Prospect Park's lawsuit, we believe the claims are baseless and we will defend them vigorously in court and not the press."

Prospect seeks more than $95 million in damages for breach of contract and promissory fraud. The producer also demands that it no longer have to pay any licensing fees, but that it still be entitled to an extension of the license agreement.

"This case was made for a jury," Maloney says. "A jury is going to be outraged by this conduct.
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cubsgirl
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Now they are complaining about ABC signing Cartini to GH. Oh Lord :roflol: they both first signed on to work with PP but then PP decided not to go with the online stuff. What was Cartini suppose to do sit on their butts waiting for PP to get their acts together. PP wait until just before the rights would go back to ABC to try and make this work. I wish I could be a juror on this trial.
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Mason


I can't believe they're still beating this ridiculous dead horse about the killing off of two characters. Like anyone was going to watch online OLTL for a three year old.
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Tammy
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I just can't believe there is actually going to be a case in the court system about a soap opera lmao. This is so ridiculous.
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Keisha
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♥ Sabrina & Patrick ♥

I don't want to be sound to be mean, since both show are cancel and i don't understand why bring up lawsuit against to Abc?
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OliveAnn


Keisha
Nov 14 2013, 01:35 AM
I don't want to be sound to be mean, since both show are cancel and i don't understand why bring up lawsuit against to Abc?
Money. They probably didn't get the profit they wanted from OLTL and AMC. In fact, they might even have huge losses. So, now, they're hoping to mend the gap by extorting money from ABC.

I find the lawsuit to be ridiculous, as well. PP makes it seem like they were hell bent on using the Manning-Thornhart family. Were they really that important to them? They managed to make a show just fine (well, relatively fine) without Starr, Cole and Hope. And what if Cartini bring in more OLTL characters now that OLTL has lost its second life? Will they file a lawsuit every time someone from OLTL makes an appearance?
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Drew
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#bbuk

Now it's also Hulu's fault? Just LOLz.

There was no chance ABC was going to have more than GH on its daytime schedule by fall 2012 with the Katie Couric talk show that had been years in the works. There was no regret on their side. And lets not pretend that the mainstream success of GH wasn't used as a launching pad by these guys to try AMC/OLTL again.
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JosieComesHome


I'm not understanding how any of this hurt AMC as produced by PP. But I think this is more than about money. It's about wanting to keep the rights to these two shows by having the license fees cancelled and getting an extension of the license agreement so PP can still do something with these shows. If PP wanted out, they'd sue for damages and that would be it. But they seem to want to hold on to the rights, probably to try again with both shows.
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Renegade_Killerbee
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Drew
Nov 14 2013, 05:52 AM
Now it's also Hulu's fault? Just LOLz.

There was no chance ABC was going to have more than GH on its daytime schedule by fall 2012 with the Katie Couric talk show that had been years in the works. There was no regret on their side. And lets not pretend that the mainstream success of GH wasn't used as a launching pad by these guys to try AMC/OLTL again.
I know right.

Next thing you know they will bring Roku into this.

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Drew
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#bbuk

I can't keep up with some people's conflicting like/dislikes ...
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phloe3


ABC owes PP nothing. It was all to get money. The OLTL exec acted like there was no way to bring back characters from the dead. It's a soap. AMC had nothing to do with it. PP is a bunch on phonies
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