box1 header1
Entry Detail
Terms of Use The data on this site is for education, insights, and entertainment, and is not to be used for commercial purposes. If you want to use content for noncommercial purposes, be kind and give us due credit. To read the full Terms of Use, click here.
Options Conduct New Search
Copy Permalink to this Item
 
Latin Music Manager Steal Clients?
Highest Court S.D. New York
Year Ended 2011
Plaintiffs Booking Agent(s)
Music Manager(s)
Defendants Alvares, Marcelo
Margison, Richard
Vargas, Ramon
Other No Other parties on file
Short Description The facts of this lawsuit are not uncommon. Defendants are well-known international singers Ramon Vargas, Richard Margison, and Marcelo Alvarez, who entered a management contract with Plaintiff, a music management company. As is common, Defendants were handled by specific individuals at Plaintiff corporation, and these individuals later left (or were fired by) Plaintiff to manage artists on their own. Defendants decided to stay with their respective managers and thus left Plaintiff's roster. When Defendants performed at concerts that had been arranged while still under contract with Plaintiff, Plaintiff sued, arguing they should have been paid commissions on these performances, even though the appearances occurred after the artists left Plaintiff. The artists argued the clause was inapplicable, because the individuals responsible for booking the gigs were no longer employed by Plaintiff. On the parties' motions for summary judgment, the court found that contract interpretation required findings of fact, as did interpreting industry customs for post-termination commissions. Defendants' argument that termination of Defendants' managers constituted termination of the contract between Plaintiff and Defendant was precluded because Defendants did not raise the issue early enough. After a trial on the merits, the court found for Plaintiffs for around $700,000. Industry custom within the world of opera agreed with Plaintiffs' position and Defendants did not offer conflicting evidence. Plaintiffs were owed commissions for performances arranged during the parties' contractual arrangement but performed afterwards. - LSW

Legal Issues
Contracts Breach Payment & Performance
  Enforceability Statute of Frauds
Employment Law State Statute/Common Law Talent Agency/Management Statute
General Affirmative Defenses Prior Pending Action & Abstention
  Equitable Remedies Quantum Meruit


Opinions Columbia Artists Management, LLC v. Alvarez
2011 WL 781179
S.D. New York , March 03, 2011 ( No. 08 Civ. 11254(LBS) )


Columbia Artists Management, LLC v. Alvarez
2010 WL 5396097
S.D. New York , December 23, 2010 ( No. 08 Civ. 11254(LBS) )


Errors Do you see something that is not correct?
The Discography is an ongoing project. Some entries in the database are displayed in various stages of completion. If you see spelling or grammar issues, they are likely to be corrected in the near future as they're noticed by editors (they're on the "To Do" list, we promise). But If you notice errors regarding facts, legal conclusions, or other information, please contact us to let us know. We've done our best, but can't assure perfection. Thank you.


Related Searches Parties
Alvares, Marcelo ( Defendant )
Booking Agent(s) ( Plaintiff )
Margison, Richard ( Defendant )
Music Manager(s) ( Plaintiff )
Vargas, Ramon ( Defendant )

Legal Issues
Contracts / Breach / Payment & Performance
Contracts / Enforceability / Statute of Frauds
Employment Law / State Statute/Common Law / Talent Agency/Management Statute
General / Affirmative Defenses / Prior Pending Action & Abstention
General / Equitable Remedies / Quantum Meruit

Courts
S.D. New York (highest court)


permalink to this entry