The Duke wants $3 million from CBS

By Eriq Gardner

Not even death can keep rugged John Wayne away from the spoils of his successful film career.

Batjac Prods, a motion picture company founded in 1952 by the actor, is suing CBS Broadcasting for not living up to its agreement on the 1971 film, "Big Jake." Batjac alleges at least $3 million in damages.

According to the complaint filed yesterday in Los Angeles Superior Court, CBS agreed to pay gross proceeds to Batjac, consult the company with respect to advertising and distribution of the film, and make its best efforts to obtain maximum gross receipts from distribution. Batjac claims that CBS has failed to do these things, as well as improperly deducting distribution fees, failing to allocate a fair and reasonable amount of license fees when the film has been licensed for TV, and not providing Batjac with accurate accounting records.

The plaintiff is represented by Brian Wolf at Lavely & Singer. Here's the complaint.

Coincidentally, "Big Jake" was about an aging gunfighter estranged from his family figuring out a way to deal with a gang of outlaws who had kidnapped his grandson for ransom. Strained relationships, fights, and money factor into the plot. Nearly forty years later, the film may still be relevant.