NEW YORK, NY - MAY 15: Jussie Smollett, Taraji P. Henson, Terrence Howard and Lee Daniels attend the 2017 Fox Programming Presentation party at the Wollman Rink in Central Park on May 15, 2017 in New York City. (Photo by Anthony Behar/Fox/PictureGroup)

(Photo credit: Anthony Behar/Fox/PictureGroup)

Supreme Court Staying Out of Actor's 'Empire' Lawsuit

February 19, 2019

WASHINGTON (AP) — The Supreme Court is staying out of a lawsuit involving the television show "Empire."

The high court said Tuesday it won't take a case involving the Fox show, which follows a black family navigating the ups and downs of the record industry. That means a decision in favor of "Empire" co-creators Danny Strong and Lee Daniels stands.

Related: 'Empire' Cast Member Alleges Homophobic Attack In Chicago

Actor Clayton Prince Tanksley sued in 2016, claiming that "Empire" was substantially similar to a television show he had pitched at a competition in 2008. The lawsuit said Daniels was a judge at the competition and expressed an interest in the show Tanksley called "Cream," which involved a black record executive. A trial court dismissed the lawsuit, ruling that the shows weren't substantially similar. An appeals court agreed.

"Empire" debuted in 2015.