The jury is deliberating in Davis' lawsuit against A+E...
Attorney: A&E owes $7.5M
Jury deliberation to continue Wednesday
By Allyson Bird (Contact)
The Post and Courier
Tuesday, November 11, 2008
In closing arguments before a federal jury, attorney Frank Cisa said cable television network A&E owes his client, local real estate investor Richard C. Davis, more than $7.5 million in a profit-sharing arrangement attached to the reality show "Flip This House."
"He had the pilot (episode) in one hand. He had the Writers Guild registration in the other hand. And they never asked Richard Davis what he wanted for his show?" Cisa said in closing arguments. "They knew he spent $85,000 on the pilot and never asked what he wanted for his show? ... I submit to you that's not credible."
The multimillion dollar figure includes three seasons of "Flip This House," even though only the first season chronicled Davis' James Island company, Trademark Properties Inc. Cisa said that's because Davis created the show about buying and selling real estate and was "ready, willing and able" to continue with the program if compensated.
A&E's New York-based attorney, Jeremy Feigelson, began his closing remarks the same way the network's local defense attorney, Richard Farrier, began his opening arguments. "No way," Feigelson said.
He suggested that Davis and Charles Norlander, the A&E representative with whom Davis claims to have made the verbal deal, were "ships in the night" that never quite reached the same point.
"Can you picture a conversation where Mr. Davis talked on and on, maybe talked at Charles ... and he persuaded himself he's come away with an agreement?" Feigelson said.
He told the jury that Davis never shared with them any specifics from the conversation with A&E that allegedly hatched the deal.
"We saw him grope and struggle and fail to answer the most important question of all: What did A&E say to you?" Feigelson said.
Before concluding, Feigelson said the jury, in order to rule in favor of Davis, would have to believe that A&E changed its business model to cut a deal with him and that every witness had lied under oath during the trial.
The jury began deliberations late Monday afternoon and will resume Wednesday morning.
Prior to closing arguments, Monday marked the first time in the weeklong trial in which A&E employees acknowledged any mention of a potential 50-50 profit-splitting arrangement prior to the lawsuit.
Cisa produced a copy of an e-mail between Davis and the network with the term "50 percent" handwritten in the margin. But A&E representative Melinda McLaughlin testified she made that note only as the amount Davis proposed he receive on advertising revenue he helped bring for the show, not as an agreed-upon amount.
"I let him know that it would be single digits so he wouldn't be surprised to see the final (figure)," McLaughlin said.
Below where she marked Davis' 50 percent suggestion, McLaughlin also made a note to herself: "No way!"
Reach Allyson Bird at 937-5594 or [email protected].