No Country for Old Men

(2007)   Tags: Paramount

MARATHON FUNDING, LLC v. PARAMOUNT PICTURES CORPORATION

In December 2006, Marathon Funding, LLC, agreed to invest in a slate of 14 motion pictures to be produced and distributed by Paramount Pictures Corporation, including what would become the Oscar winner for best picture in 2007 — “No Country For Old Men” — which starred Tommy Lee Jones and Javier Bardem. Pursuant to that agreement, Paramount issued an accounting statement to Marathon in late 2009 that deducted a little more than $2 million from Marathon’s account. Marathon later determined that Paramount did so to cover a portion of a $15 million payment Paramount made to Tommy Lee Jones due to a drafting error Paramount made in its contract with Jones.

Marathon sued Paramount for breach of fiduciary duty, contending that Paramount should not have charged Marathon for Paramount’s error.

Judgment: Entered for defendant Paramount Pictures Corporation.  The judgment and the postjudgment order awarding Paramount its attorney’s fees are affirmed. Respondent Paramount shall recover its appellate costs.