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Problems Distributing Bowie
Highest Court Seventh Circuit
Year Ended 2003
Plaintiffs Record Label(s)
Defendants Defries, Tony
Music Publisher(s)
Record Label(s)
Rykodisc Records
Other Bowie, David
Short Description Plaintiff is a music company that purchased interests in David Bowie recordings. The purchase included a prior-existing a cause of action against Defendants. Plaintiff's predecessor's allegedly received a license from Defendants to distribute the Bowie tunes in question, but Defendants repudiated the deal and sought to prevent Plaintiff from exploiting their rights under the agreement. Though most of Plaintiff's causes of action were disposed of summarily by the court, the claim for breach of contract was allowed to proceed, despite Plaintiff's "tardy" service of process. However, even after allowing the contract claim to proceed, Plaintiff failed to prosecute the case, and it was once again dismissed. On appeal, the Seventh Circuit reconsidered the dismissal, but affirmed, finding diversity jurisdiction existed and the court had the right to re-evaluate Plaintiff's argument for its delayed prosecution. Unfortunately, "my lawyer was depressed" is a bad excuse. - LSW

Legal Issues
Business Associations Corporations Director & Shareholder Liability
Conflicts of Law Jurisdiction & Forum Personal Jurisdiction
    Service of Process
Contracts Breach Payment & Performance
Torts Economic Torts Civil Conspiracy
    Fraud, Misrepresentation & Inducement
  Intentional Torts Willful & Wanton Conduct


Opinions Tango Music, L.L.C. v. Deadquick Music, Inc.
348 F.3d 244
Seventh Circuit , October 23, 2003 ( No. 02-4396 )


Tango Music, L.L.C. v. Deadquick Music, Inc.
68 U.S.P.Q.2d 1216 / 2002 WL 31688820
N.D. Illinois , December 02, 2002 ( No. 99 C 7331 )


Tango Music, L.L.C. v. Deadquick Music, Inc.
2001 WL 897606
N.D. Illinois , August 09, 2001 ( No. 99 C 7331 )


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Related Searches Parties
Bowie, David ( Other )
Defries, Tony ( Defendant )
Music Publisher(s) ( Defendant )
Record Label(s) ( Defendant )
Record Label(s) ( Plaintiff )
Rykodisc Records ( Defendant )

Legal Issues
Business Associations / Corporations / Director & Shareholder Liability
Conflicts of Law / Jurisdiction & Forum / Personal Jurisdiction
Conflicts of Law / Jurisdiction & Forum / Service of Process
Contracts / Breach / Payment & Performance
Torts / Economic Torts / Civil Conspiracy
Torts / Economic Torts / Fraud, Misrepresentation & Inducement
Torts / Intentional Torts / Willful & Wanton Conduct

Courts
Seventh Circuit (highest court)
N.D. Illinois


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