Images Everywhere Inc. v. Six Flags Theme Park Inc., Event Imaging Solutions Inc.
Published: Jul. 19, 2008 | Result Date: Mar. 28, 2008 | Filing Date: Jan. 1, 1900 |Case number: BC365735 Verdict – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Daniel L. Rasmussen
(Payne & Fears)
Defendant
John M. Landry
(Sheppard, Mullin, Richter & Hampton LLP)
Facts
Plaintiffs Images Everywhere Inc. and John Shawn Productions Inc. worked in conjunction with Six Flags to provide photographic services to guests since 1974. In March 2004, plaintiffs and Six Flags entered into a letter agreement creating a one-year consulting relationship relating to a test program at Six Flags Over St. Louis, in which third-party photography concessions would be converted to park-run operations. Additional park photography operations were converted in 2005 and 2006. In October 2006, defendant Six Flags informed plaintiffs that it would no longer be converting third-party photography concessions and that plaintiff's consultancy would be terminated in December 2006.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that defendant Six Flags breached their contract, claiming that the term of the letter agreement with Six Flags was until 2015 and that the agreement envisioned a conversion of all Six Flags theme parks. The plaintiffs further alleged that Six Flags breached its duty of good faith and fair dealing. The plaintiffs claimed that defendant Event Imaging Solutions, Inc. intentionally interfered with these contractual relations.
DEFENDANTS' CONTENTIONS:
Defendant Six Flags contended they acted in good faith and that plaintiffs' evidence, the letter agreement, did not require that Six Flags convert all photography concessions to park-run, nor did it provide for a consultancy lasting until 2015. Defendant Event Imaging Solutions contended the 2004 letter agreement was not breached. It had no knowledge of a long term agreement between plaintiffs and Six Flags, and it did not intentionally interfere with any existing contract, nor was it the proximate cause of any breach that might have occurred.
Damages
The plaintiffs alleged $20 million in damages.
Result
The jury returned a verdict for the defendants.
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