Anthony D. Dorsett, Sr., the former Dallas Cowboy running back ("Tony Dorsett"), was known for dodging tacklers throughout his Hall of Fame career. He is now dealing with a different kind of pursuit, this time on the legal field. In October 2012, SER Media, LLC, filed a petition in the Tarrant County, Texas District Court against Dorsett and several other defendants with respect to the production of a video program entitled "Dorsett Super Bowl Roundtable."
SER Media claims that it was approached by Tausha Johnson on behalf of Tony Dorsett and his son Anthony D. Dorsett, Jr. ("Anthony Dorsett"), also a former NFL player, to produce a twenty-four episode television program entitled Dorsett Roundtable. The petition asserts that, based on certain representations by and on behalf of the Dorsetts by Tausha Johnson and others regarding the financial and operational viability of the proposed series, SER Media provided certain production services to the project. Those services included, among other things, the production of a pilot program for the series.
Specifically, SER Media alleges that misrepresentations were made to the effect that a studio and certain sponsors had agreed to provide funding for the pilot and the proposed series, and that the Dorsett's limited liability company had the financial resources to pay for the production of the series. The petition also references a written letter agreement between SER Media and the Dorsett LLC which describes certain obligations and services to be rendered by both entities with respect to the production and distribution of the pilot and the series.
Essentially, what SER Media is alleging, is that in addition to misrepresentations concerning the existence of financing and distribution agreements at the time of the agreement, the Dorsetts dropped the ball and failed to meet their obligations to obtain such financing and distribution.
SER Media claims that it took actions such as securing a distribution "to minimize its potential loses" after learning that the Dorsett parties had not done so. Furthermore, SER Media alleges that it continued to provide certain services after being advised that that the Dorsett LLC lacked the funds to pay for SER Media's services, based on additional representations that funding would be coming from sponsors and investors.
According to the petition, the pilot was subsequently broadcast during the 2011 and 2012 Super Bowls but SER Media claims that it has received no payment for its services despite repeated requests and negotiations to reach a resolution regarding the matter. In connection with its business relationship with the Dorsett parties, SER Media has set forth several causes of action ranging from breach of contract to civil conspiracy.
SER Media is seeking compensatory damages in excess of $122,865.00 in addition to exemplary and punitive damages.
After this opening drive by SER Media, the Dorsetts and their fellow defendants now have possession of the ball and will have their chance to respond.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
