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Lawsuit over Smallville profits heads to jury trial

A jury will decide whether Warner Bros. Television owes the creators of Smallville as much as $100 million in allegedly lost profits for the long-running drama.

Series creators and executive producers Miles Millar and Alfred Gough and series producers Tollin/Robbins Productions sued WBTV in 2010, accusing the company of licensing Smallville to its co-owned WB and CW networks “for unreasonably low” fees, thereby cutting the plaintiffs out of tens of millions of dollars. They amended their claims of breach of contract and breach of good faith and fair dealing earlier this year to include the allegation that WBTV’s sister company DC Comics was brought into the profit pool without the contractually required approval, greatly reducing the plaintiffs’ profit participation.

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