October 19, 2011
The Daily News reported Kelley Drye won a victory for CBS in the $40 million breach of contract lawsuit filed by five former members of the TV show, "Happy Days." Anson Williams, Don Most, Marion Ross, Erin Moran and the estate of Tom Bosley claimed CBS owes them money for the sale of merchandise relating to the show, including DVDs, comic books, t-shirts and lunch boxes. (Ron Howard, who played "Richie Cunningham" and Henry Winkler, who portrayed "Fonzie," are not parties to the lawsuit.)
The article stated "Los Angeles Superior Court Judge Elizabeth Allen White granted a motion to dismiss two causes of action for fraud and a third for conversion, leaving the lawsuit as a dispute over whether CBS breached a contract with the actors."
The judge also denied the actors' request to file a second amended complaint.
"'I think we're wasting our time here,' White said. Borders agreed."
Kelley Drye partner Andrew M. White is representing CBS and Paramount Pictures in this case.