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Contracts
Breach of Contract
Interference with Contractual Relations

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)

Daniel F. Lula


Defendant

John M. Landry
(Sheppard, Mullin, Richter & Hampton LLP)

Terri L. Combs

Anna Zusman

Jesse Linebaugh

G. Howden Fraser

Jeffrey J. Harradine


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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