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Guy Mitchell's Royalty Collection
Highest Court E.D. Washington
Year Ended 2011
Plaintiffs Trust of Artist(s)
Defendants Artists Rights Enforcement Corp. (AREC)
Other Mitchell, Guy
Short Description The Artists Rights Enforcement Corp. (AREC) is an entity formed to assist musicians and songwriters in obtaining the royalties they are owed from various music contracts, whether with publishers or record labels. AREC has been sued by a number of artists and their families alleging that AREC withheld royalties owed to them. In this case, the family trust established to handle the assets of American pop singer Guy Mitchell sued AREC for withholding royalties purportedly collected on the trust's behalf. AREC argued that the Washington court had no personal jurisdiction over them, because they were a New York-based company that did not have sufficient ties to Washington state. However, the court disagreed. Specific personal jurisdiction existed where Defendants created a "continuing obligation" to collect royalties on behalf of a Washington resident, even if no Defendant had ever entered Washington to create the obligation. Furthermore, the stated wrongs--such as misrepresentation and fraud--were made to a Washington resident, and thus Washington is where the harm was felt. Plaintiff met the requirements that the instant lawsuit "arose from" Defendants' "purposeful availment" of the state, and, further, exercising jurisdiction would not be unreasonable. - LSW

Legal Issues
Business Associations Fiduciary Relationships Fiduciary Duties
Conflicts of Law Jurisdiction & Forum Personal Jurisdiction
    Subject Matter Jurisdiction
Contracts Breach Payment & Performance
Torts Economic Torts Fraud, Misrepresentation & Inducement
  Negligence Negligent Misrepresentation
  Property Torts Conversion


Opinions Guy Mitchell & Betty J. Mitchell Family Trust v. Artists Rights Enforcement Corp.
2011 WL 1900136
E.D. Washington , May 19, 2011 ( No. CV_11_024_LRS )


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Related Searches Parties
Artists Rights Enforcement Corp. (AREC) ( Defendant )
Mitchell, Guy ( Other )
Trust of Artist(s) ( Plaintiff )

Legal Issues
Business Associations / Fiduciary Relationships / Fiduciary Duties
Conflicts of Law / Jurisdiction & Forum / Personal Jurisdiction
Conflicts of Law / Jurisdiction & Forum / Subject Matter Jurisdiction
Contracts / Breach / Payment & Performance
Torts / Economic Torts / Fraud, Misrepresentation & Inducement
Torts / Negligence / Negligent Misrepresentation
Torts / Property Torts / Conversion

Courts
E.D. Washington (highest court)


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