Weinberger
Weinberger v. Freedman Broder CA2/8
Opinion
Opinion
FACTS AND PROCEDURAL HISTORY1
Ed. Weinberger is a successful writer, creator, and executive producer of TV shows, including “The Cosby Show,” “Taxi,” “The Mary Tyler Moore Show,” and “The Tonight Show.” Weinberger also created the sitcom “Amen,” which aired from 1986 through 1991. In 1989 Weinberger entered an agreement with Carson Productions, Inc. that would pay him $8 million up front for his work on “Amen”.2 The agreement provided that Weinberger would be paid more money in the future—contingent compensation—if “Amen” turned enough of a profit over time to recoup the initial $8 million payment. William C. Broder of the accounting firm Freedman Broder & Company became Weinberger’s accountant and business manager in 1991.3 Broder was aware of the Carson agreement and one of its duties was to ask for yearly accounting statements from Carson and otherwise keep track of whether the show was turning enough of a profit in
In accord with the applicable standard of review, which we discuss post, our statement of facts assumes that the complaint’s allegations are true. We derive our statement of facts from the operative second amended complaint.