Empire filmed the first two episodes of its second season at the juvenile hall, which focused on main character Lucious Lyon’s (Terrence Howard) fall from grace.
Fox tried to get the lawsuit thrown out, arguing that they were not responsible for the lockdown, but U.S. district judge Amy J. St. Eve ruled on Monday that it could proceed against the network on two points.
St. Eve wrote in her decision that there was enough evidence spelled out in the lawsuit for the case to move forward on the basis that Fox may have ‘colluded’ with the jail officials to cause the lock down and that they may have unjustly profited from it.
Empire was a hit during it’s first season, so it’s season two premiere and second episode were highly anticipated. The network charged $750,000 for a 30-second ad in the premiere and $600,000 for the same amount of ad time in the second episode.
The lawsuit was filed last year by the legal guardians of two of the inmates.