The Walking Dead
Courtesy of AMC

A New York Supreme Court judge refused to dismiss an amended lawsuit brought by former “Walking Dead” executive producer Frank Darabont.

Darabont, who developed the series, sued the cable network two years ago along with his representatives, CAA. They claim that an AMC affiliate produces the show and then licenses it to another affiliate for an artificially low fee, reducing the revenue that goes into a pool for profit participants.

Darabont had sought to amend his lawsuit with added claims by arguing that he is due an additional 5% of contingent compensation. AMC argued that he was not entitled to that amount because he was terminated before the end of season two and had not yet vested.

Darabont’s legal team argues that he did vest in that profit participation, because he provided executive producer services in all episodes of the second season, including those completed after his removal.

In a statement, a spokesman for AMC said, “For purposes of this motion, the Court was legally bound to accept Frank Darabont’s factual assertions as true, so the standard for dismissal at this stage was very high. We look forward to revisiting these matters when the Court is permitted to review the complete record.”

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