Unless they want to take it to the Supreme Court, it looks like Disney has run out of legal lifelines and will have to pay up in the $319 million Who Wants To Be A Millionaire case. The U.S. Court of Appeals for the Ninth Circuit on Tuesday unanimously rejected a petition by the company for a new trial against Millionaire creator Celador International, which in 2010 was awarded damages by a jury who agreed with the UK company that Disney breached the contract between Celador and it own TV divisions. “The panel votes to deny the petition for rehearing en banc…The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc,” said the brief order (read it here) issued this week.
The unanimous vote and the fact no other judge on the court was interested in a vote on the case does not bode well for Disney overturning the multimillion-dollar July 2010 verdict against it further up the legal food chain. Read More »





The jury in the Who Wants To Be A Millionaire? lawsuit returned a verdict for UK-based Celador today finding that the show’s producer was harmed by Disney’s self-dealing actions. The panel awarded damages totalling $269.2 million for the fair market value of broadcast licensing fees, and revenue from Millionaire merchandise. That just shy of the $405M which Celador was seeking. Immediately, the Walt Disney Company issued this statement: “We believe this verdict is fundamentally wrong and will aggressively seek to have it reversed.” The month-long Riverside trial followed six years of legal maneuvering over profits from the hit game show in a rare look into TV network and studio accounting practices. Celador convinced the jury that the producer earned millions of dollars less than it could have from the success of the show because Disney-owned ABC and co-producer Buena Vista TV brokered sweetheart deals with themselves.
has hired the ex-boss of the company which made Who Wants To Be a Millionaire? to run his new Syco Entertainment. Ellis Watson, who starts as CEO of Syco in a month’s time, is a heavyweight businessman (see below). So right at the top of his in-tray will be figuring out how Simon Cowell is going to be in two places at the same time next year. The X Factor is due to start on Fox in fall 2011 – just when the show begins on ITV over here. And so far, ITV says it’s not changing its date. Remember, this is a big deal for the UK channel, especially after the finale generated an unheard-of peak time audience of 19.3 million. My view is that ITV could give itself the best Xmas present ever by moving The X Factor to that week.
