A federal judge dismissed the ongoing lawsuit over Showtime’s “George & Tammy” limited series last week. The suit was originally filed by the estate of George Richey over misrepresentation and unjust enrichment.
Sheila Slaughter Richey, the executrix of the estate of the late George Richey, served as the plaintiff in this case. The lawsuit claimed that Steve Zahn’s portrayal of Richey led to “unjust enrichment and tortious interference.” Specifically, the suit revolved around the opening credits of the show, which stated the series was based on Georgette Jones’ book, “The Three of Us: Growing Up With Tammy and George.” Jones, the daughter of George Jones and Tammy Wynette, also served as a consulting producer on the six-episode series and previously faced legal action from Sheila Slaughter Richey over the contents of her book.
But in the ruling a Delaware judge noted that a plaintiff “who cries unjust enrichment must have actually enriched somebody.” The circumstances for unjust enrichment would have required the plaintiff to prove that Showtime was enriched by the actions taken, Sheila Slaughter Richey was impoverished, Showtime’s enrichment led to Sheila Slaughter Richey’s impoverishment and that Showtime’s conduct was not justified.
It’s that third requirement that led to the case’s dismissal. Because Sheila Slaughter Richey did not allege that she enriched Showtime — instead, basing her lawsuit on Jones’ participation rather than her own or the estate’s — and because she also did not meet the requirements that would make her an exception to this requirement, the judge threw out the case, granting Showtime the ruling the network hoped to see.
Showtime did not immediately respond to TheWrap’s request for comment.
The judge also noted that Sheila Slaughter Richey could have sued Jones for breach of contract for, presumably, breaking the NDA she signed following their settlement over her memoir. In 2019, Jones signed an agreement stating she would not make any statements “or cause or encourage others to make any statements … that defame, disparage, or in any way criticize … George Richey.”
“Because I dismiss without prejudice, the parties might come back with an amended complaint and a new motion to dismiss. If they do, I expect them to consider which state’s law applies and to brief its content,” the judge wrote.
