Costner Settles Up

Oscar winner settles big-bucks lawsuit over movie that never got made; terms of deal not disclosed

By Josh Grossberg Mar 06, 2008 12:55 AMTags

Time for IMDb to finally delete Taming Ben Taylor from Kevin Costner's credits.

The Oscar winner and a production company settled dueling lawsuits over the movie that never got made, it was announced Wednesday, just as the case was due to go to trial.

Financial terms of the deal were not disclosed.

The 53-year-old star sued Ascendant Pictures in 2005 for $8 million for allegedly reneging on deal to make the romantic comedy Taming Ben Taylor.

In court papers, Costner claimed that the Beverly Hills-based company had a year earlier promised him the sum plus additional compensation to play a divorcé who refuses to sell his cash-strapped vineyard to a developer who wants to build a golf course.

He said he remained loyal to Ascendant despite production delays which forced him to pass on other potential starring roles, including an $8.5 million payday for The Contract.

Costner, who had input on the script and director and actress choices, said Ascendant kept him hanging while trying to secure financing and distribution deals. He sued after the producers said the film would be a no-go.

After Costner launched his legal salvo, Ascendant fired back, suing his agents at CAA for failing to convince Costner to take a pay cut to help get the production rolling.

There was no comment Wednesday from either Costner's attorney, William Bossen, or Ascendant Pictures.

The actor-director next stars on the big screen in Swing Vote, a comedy-drama about an everyman who's vote controls the fate of a the presidential election.