A judge on Tuesday dismissed a production company‘s $1.7 million claim against Michael Jackson for losses incurred in the unsuccessful 1994 “Jackson Family Honors” TV show.

Superior Court Judge Sherman Smith threw out a suit filed by Smith-Hemion Prods., but gave the company 10 days to file an amended complaint.

Smith-Hemion claims the pop star did not honor his contract and his failure to perform on the special adversely affected the show. Smith-Hemion filed for breach of contract and implied contractual indemnity.

In September, U.S. District Judge Laughlin Waters called a mistrial in the lawsuit filed by Smith-Hemion against the entire Jackson clan.

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