This morning there was a development in the lawsuit of Prospect Park vs. ABC over the production company’s licensed soaps from the network, All My Children and One Life to Live!
Following a 50-minute hearing, Judge Robert Hess in L.A. Superior Court denied ABC’s motion to strike the part of the Prospect Park’s amended complaint, in which the company who brought back the series online in 2013, asked to have the license agreement for the two soaps extended and payments to ABC “excused” while the nearly year-old breach of contract suit for more than $100 million moves forward.
According to a report from Deadline.com, which has the details: “Trial lawyer James Edward Maloney of Texas’ Andrews Kurth represented Prospect Park, while Susan Klein and Nuritsa Ksachikyan of LA’s Valle Makoff were there for ABC. “Prospect Park exercised its option — it produced an entire season of the series,” Klein argued early in the hearing. “It can’t ask the court to rewrite what the parties have negotiated.” Judge Hess saw it differently: “After hearing the arguments from them and you, I’m going to let them leave it in,” he told Klein.
In a brief recap of key points to the on-going lawsuit Deadline related: “ABC filed the motion to strike on January 13th of this year, two months after Prospect Park filed its amended version of its initial April 2013 complaint seeking “at least $30 million in out-of-pocket losses and/or at least $95 million in lost profits” from the network. The November 13 amended complaint alleges that ABC has been breaking the licensing agreement, claiming the network inked long-term agreements with OLTL actors, killing off OLTL characters on loan to General Hospital and deliberately attacking Prospect Park’s efforts to continue AMC and OLTL online.
The licensing agreement ABC and Prospect Park first entered into in July 2011 — after the network cancelled the two long-running soaps — gave the production company 12 months to put together online versions of the shows. Prospect Park would then have the exclusive right to produced 15 seasons of each show. However, the agreement, which was amended in January 2012 after various delays, also said that if Prospect Park doesn’t produce the shows for 18 straight months then rights shall revert back to ABC. The network wants to hold by that deal. Prospect Park, which launched the series in April 2013 but suspended them after around 40 episodes, obviously does not.”
So what comes next? “ABC now has 20 days to respond to Prospect Park’s amended complaint. The next hearing in the case on the court schedule is a conference-case management meeting set for March 13.”
So what do you think of ABC losing their motion against Prospect Park? Do you think Prospect Park will eventually win the lawsuit? Do you think they will then bring back AMC and OLTL for season two? Weigh-in below!