‘Fear the Walking Dead’ showrunner is suing AMC for unpaid profits

Dave Erickson, the co-creator of “Fear the Walking Dead,” sued AMC Networks on Wednesday, alleging he was denied his rightful share of the show’s profits.

He becomes the seventh “Walking Dead” producer in the past 12 years to accuse the cable network of using Hollywood accounting tricks to avoid payments to profit participants.

Erickson co-created the spinoff show in 2015 with comic book series creator Robert Kirkman. He also served as showrunner for three years.

Erickson took the job knowing that, for a successful showrunner, “one hit series can provide a lifetime annuity,” according to the lawsuit. But Erickson received nothing in profits, the lawsuit alleges, while others received as much as $67 million. According to the complaint, the network claims the show is running a $185 million deficit, meaning it will almost certainly never see a dime in profit payments.

Like the other lawsuits filed over “The Walking Dead,” the lawsuit alleges that AMC abused its role as both producer and exhibitor of the show to falsely claim the show’s profits and prevent the profits from being paid out.

“When a vertically integrated conglomerate like AMC both produces a series and licenses it to its various subsidiaries, domestic and international, cable and streaming, concerns about improper self-dealing abound,” the lawsuit said. “Erickson is taking this action to right AMC’s egregious misconduct and to recover the tens of millions of dollars in profits he is rightfully owed.”

Frank Darabont, the creator of “The Walking Dead,” and his agency, CAA, filed a similar claim in 2013, which was eventually settled eight years later for $200 million. Kirkman and four other producers filed suit in 2017. That complaint was dismissed by a state judge in Los Angeles, but the producers have filed suit in federal court, where the case remains pending.

AMC denied Erickson’s allegations in a statement.

“This lawsuit, like Kirkman’s lawsuit years ago, has no merit whatsoever,” said Orin Snyder, the company’s attorney. “We are confident it will fail, just like the last one. The contracts here were negotiated by the most experienced and sophisticated legal talent in Hollywood, and AMC has fully paid what is owed. This is just another gross money grab.”

Erickson states that he worked for AMC under a blanket agreement, which granted him 5% of the “modified adjusted gross revenues” of “Fear the Walking Dead.” The lawsuit alleges that AMC did not actually provide Erickson’s representatives with the MAGR definition until years later, but that they were assured it would be the same definition as for everyone else.

Only later, when they were told the show was nearly $200 million in the red, did they realize this was “the worst possible definition for a hit show in the history of television,” according to the lawsuit.