Glaser Weil Wins Dismissal of Fraud Claim Against Morgan Creek by Kevin Costner

For the third time, a judge has rejected actor Kevin Costner’s fraud claim against Morgan Creek Productions, Inc. in a lawsuit over profits from the 1991 film “Robin Hood: Prince of Thieves.”

Costner accused Morgan Creek, represented by Glaser Weil, of committing fraud with respect to participation payments from the film — allegations Morgan Creek strenuously denies.

On Thursday, Los Angeles Superior Court Judge Richard Stone determined that Costner’s assertions do not constitute fraud as a matter of law and dismissed the fraud claim. As this was Costner’s second amended complaint, this was the third time the claim was successfully demurred.

Without the fraud claim, Costner is unable to seek extra-contractual or punitive damages. Costner’s conversion claim was also dismissed. Judge Stone gave Costner one more opportunity to file an amended complaint.

“Morgan Creek has paid Mr. Costner every penny he is due from the ‘Robin Hood’ film — over $40 million — and fully complied with its contractual obligations to Mr. Costner,” Glaser Weil Partner Craig Marcus said in a written statement to Law360. “Thus, Mr. Costner’s breach of contract claim is entirely without merit and will ultimately suffer the same fate as Mr. Costner’s dismissed fraud claim.”

Costner sued Morgan Creek in 2012 claiming he was not receiving his share of the profits from the film, which made $390 million in theaters, or from its home video distribution.

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Kevin Costner Loses Fraud Claim In 'Robin Hood' Profit Feud (Law360) (subscription required)