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DISNEY LOSES LAWSUIT JURY RULES MEDIA GIANT STOLE SPORTS IDEA.


Byline: Staff and Wire Reports

BURBANK - The Walt Disney Noun 1. Walt Disney - United States film maker who pioneered animated cartoons and created such characters as Mickey Mouse and Donald Duck; founded Disneyland (1901-1966)
Disney, Walter Elias Disney
 Co. angrily defended its integrity Friday after a Florida jury hit the entertainment giant for $240 million in damages for allegedly stealing ideas for a sports complex from two businessmen.

``Disney's reputation as a creative company is above reproach,'' said Lou Meisinger, executive vice president and general counsel for Disney. ``The idea that Disney would have to steal an idea as generic as a sports complex is quite preposterous.''

A jury in Orlando, Fla., ruled Friday on behalf of Nicholas Stracick, Edward Russell Edward Russell may refer to:
  • Edward Russell (Maine), secretary of state of Maine (1830-31), brigadier general in the militia
  • Neil Edward Russell (1970-), BBC Wales, Doctor Who
 and their company, All Pro Sports Camps Inc.

The plaintiffs accused Disney of fraud, theft of trade secrets, breaking an implied contract implied contract n. an agreement which is found to exist based on the circumstances when to deny a contract would be unfair and/or result in unjust enrichment to one of the parties. An implied contract is distinguished from an "express contract.  and breaching a confidential relationship. The six-member jury accepted all the claims except fraud. Jurors also ruled that Disney's conduct was willful and malicious, which allows the trial judge to triple the damages at a later court date.

Disney executives denied using anybody else's ideas for the Wide World of Sports Wide World of Sports can refer to:
  • Wide World of Sports (US TV series), screened on the American Broadcasting Company
  • Nine's Wide World of Sport, the brand used for any sporting event broadcast on the Nine Network
 complex, the spring training home of the Atlanta Braves The Atlanta Braves are a professional baseball team based in Atlanta, Georgia. The Braves are a member of the Eastern Division of Major League Baseball's National League. From to the present, the Braves have played in Turner Field. , at Walt Disney World Noun 1. Walt Disney World - a large amusement park established in 1971 to the southwest of Orlando
Orlando - a city in central Florida; site of Walt Disney World
.

One alternate juror juror n. any person who actually serves on a jury. Lists of potential jurors are chosen from various sources such as registered voters, automobile registration or telephone directories. , dismissed from the case before deliberations began because he wasn't needed on the jury, said he would have decided against Disney and awarded the full request of $1.4 billion in damages to teach the world's No. 2 entertainment company a lesson.

Jimmy Johnson Jimmy Johnson or Jim Johnson may refer to:
  • Jimmy Johnson (musician), guitarist, producer
  • Jimmy Johnson (American football) (born 1938)
  • Jim Johnson (football coach)
  • Jimmy Johnson (American football coach) (born 1943)
  • Jimmy Johnson (bassist)
 Jr., a 35-year-old truck driver, questioned the testimony of Disney executives, particularly architect Wing Chao, who claimed they knew nothing of Stracick and Russell's plans. Johnson said Disney chairman and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board.  Michael Eisner appeared evasive in his videotaped deposition played during the five-week trial.

``I found most of the Disney executives to be less than forthcoming,'' Johnson said.

Meisinger said the company would ask the judge to set aside the verdict or, if that fails, file an appeal.

The ruling comes just a week after Disney reported record revenue in its parks and resorts division, helping the company post strong third-quarter earnings, and amid a boom in parks building.

Meisinger said Friday's verdict would have no effect on planned parks expansion.

California Adventure, a new park next to Disneyland in Anaheim, is set to open in February, followed by a second park in Tokyo in the fall.

Disney's second theme park in Paris is scheduled to open in April 2002, followed by a park in Hong Kong in about 2005. Executives have also announced plans for a third gate in Anaheim, with no opening date set.

In the Orlando suit, the judge severely limited the scope of what jurors could consider by adopting jury instructions that said the architecture, site plan and business plan for the sports complex were not copied from All Pro and could not be considered.

All Pro claimed 88 similarities between its plans and the Disney complex and documented more than 200 telephone calls with Disney executives.

Stracick, a retired baseball umpire from Buffalo, N.Y., and Russell, an architect from Fonthill, Ontario, testified they pitched their idea for a sports complex to Disney officials in the late 1980s.

Four years after Disney officials rejected their plans in 1989, the company announced it would build a $100 million complex. It opened in 1997.
COPYRIGHT 2000 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2000, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Business
Publication:Daily News (Los Angeles, CA)
Geographic Code:1USA
Date:Aug 12, 2000
Words:532
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