Deal at heart of lawsuit

Davis says he agreed to 50-50 split for 'Flip This House'; A&E says not

Showcasing the business of James Island native Richard Davis, A&E got the "very successful, flamboyant, real estate agent" its attorney says the television network wanted for its "Flip This House" reality show — plus a multimillion-dollar lawsuit.

Davis, the 45-year-old owner of Trademark Properties, insists he and A&E representatives had a verbal agreement to split any revenue from the show. Attorneys for both sides gave opening arguments Monday in a federal court trial to determine the validity of that claim.

Mount Pleasant attorney Frank Cisa, who represents Davis, said the two parties agreed to share whatever revenue remained after each had been reimbursed for expenses.

Cisa said "the only way" Davis would hand over his project to A&E was in a partnership, not a sale. When the season ended, Davis was not duly compensated, according to Cisa.

"We did everything we were supposed to do, and Richard Davis was credited as creator of the show," he said.

Cisa said A&E executives "did everything they were supposed to do — except pay."

He told the 12 jurors that Davis is entitled to a multimillion-dollar award.

Charleston attorney Richard Farrier, who represents A&E, began his opening arguments with the phrase,

"No way."

He said Davis was asked if he had any "deals" with A&E

when Davis began working with a competing network, TLC.

"He, in writing, confirmed he had no deals," Farrier said.

He said A&E would never agree to such an arrangement, that even superstar comedienne Tina Fey couldn't swing a 50-50 split.

"We would never make that deal. The suggestion we would is, frankly, absurd," Farrier said. "It's preposterous."

He asked the jury why someone would appear on national television for free and then answered his own question. Davis, Farrier said, "in effect, got an hour-long infomercial."

He told jurors that their job is much like the A&E program, "CSI: Miami."

"What we're doing today is CSI: Charleston," he said. "And CSI: Charleston is about contract scene investigation."

Davis took the witness stand late Monday afternoon. The trial will resume Wednesday morning.

Reach Allyson Bird at 937-5594 or abird@postandcourier.com.

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