By Gabrielle Russon
Orlando Sentinel
A California federal judge approved a $65 million settlement for investors who said SeaWorld had misled them over how much the documentary “Blackfish” hurt the company financially.
The agreement, previously disclosed in a SEC filing in February, marked the end of a six-year legal battle between Orlando-based SeaWorld and its investors. As part of the agreement, SeaWorld did not admit any wrongdoing.
U.S. District Judge Michael Anello signed off on the deal Friday, calling it “fair, reasonable, and adequate” after “taking into account the costs, risks, and delay of trial and appeal,” according to court documents.
According to new court records, “SeaWorld must pay a settlement amount of $65 million into an escrow account, which thereafter will be used to pay any taxes, notice and administration costs, litigation expenses, attorneys’ fees, and any other costs and fees awarded by the Court.”
The judge approved $14.3 million in attorneys’ fees for the plaintiffs.
The company is facing major financial challenges, like many others in the theme park industry, from the unprecedented coronavirus pandemic closures.
“Blackfish” is a 2013 documentary film that took a harsh look at whales in captivity and the infamous orca Tilikum that was involved with three human deaths.
The lawsuit stems from 2014 after a group of investors accused SeaWorld executives of ignoring and denying the film’s backlash as attendance tumbled at the theme parks.
SeaWorld leaders refused to acknowledge the “Blackfish effect” as they spoke to the news media and during earnings calls with investors. In reality, however, the company lost business. Executives worried behind the scenes and stock prices tumbled, upsetting investors, court documents showed.