Kevin Costner has been ordered to provide more evidence to prove allegations of unpaid profits in his lawsuit against producers behind his 1991 film Robin Hood: Prince Of Thieves.
The actor is fighting executives at Morgan Creek Productions amid claims he did not receive the 15 per cent of takings he is contractually entitled to for 2010 and 2011, when the picture continued to rake in "tens of millions" from home video sales and repeated TV airings.
He sued for damages last summer (12) for four charges including breach of contract and fraud.
The argument was heard in Los Angeles Superior Court on Friday (22Feb13), but the movie star's case was dealt a blow as the judge dismissed the counts of fraud and breach of implied covenant or good faith dealing.
However, the judge is giving Costner another chance at winning damages by allowing him to amend the complaint by bolstering his claims and providing more evidence, instead of simply proceeding with the lawsuit to gain money allegedly owed.
Costner's lawyer, Marty Singer, tells The Hollywood Reporter, "We will be able to solve the court's technical issue on the fraud claim so that it will survive. Notwithstanding, my client is owed significant monies from Morgan Creek."
The movie grossed more than $390 million from worldwide box office takings upon its release in 1991.