mgm__130913144151-200x137In the latest class action over a studio’s alleged miscalculation of home video revenue, the daughter of a late Hollywood producer is leading a charge against MGM. Joan J. Buck of New York claims that, in a “common and systematic [industry] practice,” the studio only calculates revenue on DVDs, tapes, VOD, streaming and such based on one-fifth of what it actually takes in. A pair of class actions were filed early last year claiming the same 20% calculation by studios — one against Warner Bros led by Hal Needham, who has since Whats_new_pussycatdied, and another targeting Universal, Paramount, Fox and Sony. “The standard contract entered into between the business parties requires the calculation of revenue to be based on 100% of the revenue received by Metro-Goldwyn-Mayer-Studios Inc.,” states the suit filed today in Los Angeles Superior Court (read it here). “Contrary to the unambiguous terms of the standard contract, [MGM] engages in a common and systematic practice of paying less revenue than it receives by including only 20% of said revenue when calculating the amount payable to profit participants.” The plaintiff’s father Jules Buck partnered with Peter O’Toole on films including The Lion In Winter and What’s New Pussycat? — the latter of which she cites in the suit.

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The class action alleges breach of contract and Business Code violations, among other claims, and seeks a jury trial. Attorneys for Buck and the class are Neville L. Johnson, Douglas L. Johnson and James T. Ryan of Johnson & Johnson LLP; Paul R. Kiesel, Jeffrey A. Koncius and Mariana Aroditis of Kiesel Law LLP; and Raymond P. Boucher, Shehnaz M. Bhujwala and Paymon A. Khatibi of Khorrami Boucher Sumner Sanguinetti LLP.