Sahara (2005 Film) - Legal Problems

Legal Problems

In February 2005, Cussler took legal action against Philip Anschutz, the producer, for failing to consult him on the script.

Cussler sued the film's makers for breach of contract and producer Anschutz counter-sued Cussler for "alleged blackmail and sabotage attempts against the film prior to its 2005 release." Cussler claims that his initial brief of "absolute control" over the book's adaptation to the big screen was compromised and this contributed to it becoming a box office failure. In a statement to a Los Angeles court, Cussler says, "They deceived me right from the beginning. They kept lying to me... and I just got fed up with it." Anschutz countered that Cussler's behavior played a big role in the film's financial woes. His lawyer said "It is the height of arrogance for Cussler to take $10 million to make a movie and then torpedo the franchise."

Anschutz prevailed. On May 15, 2007, the jury awarded him $5 million, leaving it to the judge to separately determine whether or not Anschutz should have to pay $8.5 million to Cussler for rights to a second book. In a decision on January 8, 2008, Judge John Shook denied Cussler's claim for the $8.5 million.

On March 10, 2009, Judge John P. Shook ordered Clive Cussler to pay $13.9 million in legal fees to the production company.

A March 2010 decision by the California Court of Appeals has since overturned the earlier awardings of both the $5 million in damages and nearly $14 million in legal fees to Anschutz.

Despite the March appellate court ruling in the long-running litigation between author Clive Cussler and Philip Anschutz's Crusader Entertainment, Cussler attempted to reignite the dispute in July 2010. He filed a new lawsuit in Los Angeles Superior Court claiming that the appeals court opened a window for him to recover $8.5 million owed on a contract with Crusader. Cussler is asking a judge to declare that his claim is valid and he is entitled to the money.

"They're trying to pretend this wasn't already litigated", Crusader attorney Marvin Putnam replied. "Cussler has never been able to accept the fact that he lost this case. He didn't accept the jury verdict, then for a year they tried to get the trial court judge to say the jury determined (Cussler was) entitled to $8.5 million and the court said absolutely not. They then sought an appeal and it didn't work. Then they appealed to the California Supreme Court and they didn't take the case. So, despite having had multiple courts say no, they are trying all over again."