Colorado Supreme Court rules in favor of WTO client Simon & Schuster
Bristol Bay v. Lampack
(Colo. Sup. Ct. 2013)
Wheeler Trigg O'Donnell Of Counsel Reid Neureiter led a team that obtained a decision from the Colorado Supreme Court affirming dismissal of claims against client Simon & Schuster in Bristol Bay v. Lampack et al.
The case involved potentially $80 million in claimed damages by a Hollywood movie studio, Bristol Bay Productions, against New York publisher Simon & Schuster and others for allegedly falsely representing on book jackets by adventure author Clive Cussler that he had 100 million books in print. Bristol Bay claimed that, in fact, the "books sold" figure was closer to $40 million. Bristol Bay alleged that it lost more than $50 million producing and distributing the film Sahara, which was based on a Cussler novel, because of its mistaken belief that there were tens of millions of avid Cussler fans who would have wanted to see the movie. Bristol Bay claimed the film failed because the promised Cussler readers did not exist.
Neureiter won a dismissal of the case at the trial level, and defended that decision in the Colorado Court of Appeals. In June, he argued to the Supreme Court that Bristol Bay's claims were precluded because of a prior jury verdict from California. The Supreme Court affirmed the dismissal of the entire Colorado suit on collateral estoppel grounds.
A copy of the decision is linked here and a Denver Business Journal article about the case is linked here.