Law360 Reports on Kelley Drye Victory for CBS and Paramount in "Happy Days" Case
October 19, 2011

The Law360 article, "CBS, Paramount Beat 'Happy Days' Stars' Fraud Claim," reported that a California judge threw out the fraud and conversion claims in a lawsuit filed by five former cast members of the decades old TV comedy. In April, Anson Williams, Marion Ross, Don Most, Erin Moran, and the estate of Tom Bosley, filed the case against CBS Studios and Paramount pictures, claiming money from merchandising fees. This includes products with their likeness on items such as t-shirts, cards, lunch boxes, mugs, casino slot machines and DVDs. The TV show ran from 1974 to 1984, with CBS, two decades later, releasing episodes on DVD. Ron Howard and Henry Winkler, also former cast members, did not join the plaintiffs.

In addition, Judge Elizabeth Allen White refused to grant the plaintiffs' attorney leave to file an amended complaint.

"'We are thrilled that the court has thrown out all claims for punitive damages and significantly narrowed this to a case of contract interpretation,' CBS said in a statement."

The article also noted that CBS and Paramount are represented by partner Andrew M. White.