Tag Archives: breach of contract

“Dances With Wolves” Actor Kevin Costner in Dispute Over Bison Sculptures

28 Mar

The South Dakota Supreme Court recently heard arguments in a case involving actor-director Kevin Costner.  Last year artist Peggy Detmers sued Costner alleging  he breached a contract the parties had entered into for the commission of 17 bronze sculptures depicting buffalo and Native Americans.  The parties entered into the contract in 2000 under which Costner intended to display the sculptures at a South Dakota resort, The Dunbar, named after his character in the movie “Dances With Wolves.”  If the resort was not completed, the parties agreed to placement of the sculptures at a mutually agreeable location.  The resort was never built and Costner placed the sculptures near Dearwood at his Tatanka attraction.

Detmers alleged the placement of the sculptures at Tatanka was not a mutually agreeable location and therefore Costner breached their contract.  She argues that Costner should have to sell the sculptures and give her 50% of the proceeds.  Last year a circuit judge ruled the alternative placement did not constitute a breach of contract and the case is now before the South Dakota Supreme Court. Continue reading

Martha Stewart in Hot Water Again

20 Feb

Martha Stewart’s contribution to consumer goods – products branded Martha Stewart Living – are currently causing a stir between big box stores Macy’s and J.C. Penney. In 2006, Macy’s was granted the exclusive rights to manufacture and sell certain Martha Stewart Living products. They recently extended their deal to continue through 2018. However, in December 2011, J.C. Penney announced plans to open small pop-up shops within their stores in 2013 that would sell Martha Stewart Living products. Trying to prevent J.C. Penney’s shops from happening, Macy’s is currently seeking an injunction against Martha Stewart Living and is suing Martha Stewart Living for breach of contract.

To read the full article, click here.

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