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Connie Wants Old Contracts Back
Highest Court S.D. New York
Year Ended 2011
Plaintiffs Francis, Connie
Defendants Universal Music Group
Other No Other parties on file
Short Description Plaintiff was the oft-troubled Connie Francis, whose unfortunate mid-century sexual assault has since caused years of mental health issues and some odd lawsuits. In this case, Francis sued her record label, Universal, for breaching provisions contained in a 1960s record contract that had since been rendered moot by subsequent agreements. According to the parties' original agreement, Universal was not allowed to include Francis's recordings on compilation albums without her permission, though later agreements plainly superseded this prohibition by "releas[ing] and discharg[ing Defendants] from any and all . . . covenants, agreements, contracts and promises" previously entered. When Francis sued Universal for including her recordings on compilations, the court found the release of prior contracts binding, and granted Defendant's summary judgment disposing of Plaintiff's complaint. Furthermore, Plaintiff was unable to show an appropriate calculation of damages. However, the court held that Plaintiff's count for underpayment of royalties was not time-barred regarding amounts earned by Defendants within the 6-month period prior to Plaintiff's complaint; the contractual limitation on Plaintiff's actions was six months, and thus damages within this period was allowed. - LSW

Legal Issues
Contracts Breach Payment & Performance
General Affirmative Defenses Contractual Limitations Period


Opinions Franconero v. Universal Music Corp.
2011 WL 566794
S.D. New York , February 11, 2011 ( No. 02 Civ.1963(BSJ) )


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Related Searches Parties
Francis, Connie ( Plaintiff )
Universal Music Group ( Defendant )

Legal Issues
Contracts / Breach / Payment & Performance
General / Affirmative Defenses / Contractual Limitations Period

Courts
S.D. New York (highest court)


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