This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Entertainment Law
Legal Malpractice
Lost Profits

David W. Rintels, Gideon Productions, Inc. and The WWII., Inc. v. Loeb & Loeb

Published: Jul. 6, 1996 | Result Date: Jun. 7, 1996 | Filing Date: Jan. 1, 1900 |

Case number: BC113899 –  $4

Judge

Jan Pluim

Court

L.A. Superior Central


Attorneys

Plaintiff

Larry R. Feldman

Lester G. Ostrov
(Lester G. Ostrov PC)


Defendant

Robert E. Mangels

Adrianne J. Brownstein


Experts

Plaintiff

Betty Beall
(technical)

Jerome J. Sussman Esq.
(technical)

Norman Horowitz
(technical)

Defendant

William Finnegan
(technical)

Susan G. Schaefer Esq.
(technical)

William Simpson
(technical)

Josh Elbaum
(technical)

Facts

The plaintiff, David W. Rintels, was an Emmy award-winning writer and producer. He wrote and produced a 4-hour mini-series entitled "World War II: When Lions Roared" which aired on NBC in April of 1994. (It was a story about the relationship between Winston Churchill, Franklin Delano Roosevelt and Joseph Stalin and it starred Bob Hoskins, Michael Caine and John Lithgow.) In 1993, the plaintiff had been a client of the defendant law firm, Loeb & Loeb, for 20 years. The plaintiff claimed it was essential for him to obtain foreign distribution money from the sale of the movie between November 1993 and April 1994. Per the plaintiffs, the defendant law firm negotiated an agreement for the plaintiffs that did not have a payment schedule to ensure the timely arrival of the money from foreign sales. The plaintiffs claimed the defendant law firm failed to review the first draft of the foreign distribution agreement for two months and the error was not discovered. Per the defendant, the plaintiffs rejected a distribution agreement which would have provided an approximate $1.5 million advance (subject to other terms and conditions), and the plaintiff chose to enter into a sales agency (no advance) deal, where he knew no payments were guaranteed, but he could not territories for the lucrative co-production deals which the [plaintiff was seeking. The plaintiff however, ultimately could not obtain any co-production deals or financing from any other source and the sales and collections on the mini-series were much lower than anticipated. As a result, when the plaintiff allegedly learned that the foreign distribution money would not be delivered in a timely fashion, he had no choice but to withdraw from the agreement and sell the foreign distribution rights at a reduced price. Per the defendant, the plaintiff withdrew from the sales agency agreement and entered into a "guaranteed" deal with another distributor. The plaintiffs, David Rintels and his two production companies, Godeon Productions and WWII, Inc., brought this action against the defendant law firm, Loeb & Loeb, based on a professional negligence theory of recovery.

Settlement Discussions

The plaintiffs made a settlement demand for $900,000. The defendant made a settlement offer of compromise for $200,000.

Specials in Evidence

$ ________ $ ________

Damages

The plaintiffs claimed the difference between the price for which the foreign distribution rights could have been sold ($2.75 million) and the price for which he did sell them ($1.35 million as damages).

Other Information

The verdict was reached approximately one year and eight months after the case was filed. Three settlement conferences was held. All failed to resolve the matter.

Deliberation

2+ days

Poll

12-0 (negligence); 11-1 (damages)

Length

20 days


#92415

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390