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Roky Sues Indy for Acting Like a Major
Highest Court N.D. California
Year Ended 2011
Plaintiffs Erickson, Roky
Songwriter(s)
Defendants Independent Label Collective
Mermis, "Long Gone John"
Sympathy for the Record Industry
Other No Other parties on file
Short Description Roky Erickson, the infamous lead singer for the early psychedelic band, The 13th Floor Elevators, whose subsequent struggles with mental illness have been well documented, had a decent comeback in the first decade of the 2000s. In this case, Erickson, along with a co-writer, sued several entities well-known in the independent music world, including Sympathy for the Record Industry and its founder, Long Gone John, for breach of contract, fraud, and copyright infringement, arising from Defendants' nonpayment of royalties and failure to render an accounting. The court found in Plaintiffs' favor for around $80,000, which Defendants refused to pay. Plaintiffs levied property owned by Long Gone John, and received their judgment, but sued for attorneys' fees incurred in securing the judgment. John argued several theories for why Plaintiffs should not receive compensation, including that they should have engaged in settlement negotiations instead of trying so hard to obtain the judgment John was refusing to pay. The court, clearly, disagreed, and Plaintiffs were awarded $35,000 in attorneys' fees. - LSW

Legal Issues
Conflicts of Law Recognition & Enforcement of Judgments General
Contracts Breach Payment & Performance
Copyrights Infringement Copying & Distribution/Dissemination
Torts Economic Torts Fraud, Misrepresentation & Inducement


Opinions Erickson v. Sympathy for the Record Industry ex rel. Mermis
2011 WL 1211533
N.D. California , March 30, 2011 ( No. C10_00636 HRL )


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Related Searches Parties
Erickson, Roky ( Plaintiff )
Independent Label Collective ( Defendant )
Mermis, "Long Gone John" ( Defendant )
Songwriter(s) ( Plaintiff )
Sympathy for the Record Industry ( Defendant )

Legal Issues
Conflicts of Law / Recognition & Enforcement of Judgments / General
Contracts / Breach / Payment & Performance
Copyrights / Infringement / Copying & Distribution/Dissemination
Torts / Economic Torts / Fraud, Misrepresentation & Inducement

Courts
N.D. California (highest court)


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