The Hollywood Reporter: ‘Home Improvement’ Creators Insist on Jury for $40 Million Trial Against Disney

April 12, 2019

Wind Dancer Production Group and numerous writer-producers of “Home Improvement” allege that they been cheated out of their share of the $1.5 billion profits. The case is at the summary adjudication phase and is expected to go to trial June 3, 2019. The plaintiffs insist on a jury trial while Disney maintains that the trial should only be before a judge.

“The gist of these consolidated cases is equitable, and should be tried to the bench,” writes O’Melveny partner Daniel Petrocelli. “As the very first paragraphs of Plaintiffs’ complaints make clear, the ultimate issue in these cases is whether Disney ‘failed to properly account to and pay Plaintiffs for their share of profits’ from the Series. Indeed, Plaintiffs readily concede that their claims cannot be adjudicated absent an accounting, and that an ‘accounting is required to determine the amount of revenues derived from the distribution and exploitation of the Series in order to ascertain Plaintiffs’ share of such revenues.”

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