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Songwriter's Ex Wants Money
Highest Court Sixth Circuit
Year Ended 2006
Plaintiffs Spouse of Artist(s)
Defendants Davis, Stephen Allen
Other Rich, Charlie
Sledge, Percy
Short Description Steven Allen Davis was a successful songwriter, among his best-known compositions are Charlie Rich's smash hit "The Most Beautiful Girl" and Percy Sledge's "Take Time to Know Her." In the 1970s, Davis co-wrote, along with his then (now ex-) wife, who is the Plaintiff in this suit, a song called "Mama McCluskie." This song was later adjusted by Davis and others and released as Rich's song "The Most Beautiful Girl." Plaintiff heard the song and thought it had been copied from their co-written composition. Davis's publisher, Al Gallico, however, acted in a very shady manner, telling Davis's ex-wife that Davis had not written the song, while at the same time telling Davis that he'd be "taken care of" by his publisher if she sued. In their divorce decree, Plaintiff was not awarded any share of Davis's songwriting royalties. Years later, Al Gallico publicly stated in an interview that "Beautiful Girl" was a copy of "McCluskie," and Davis sued, alleging fraud. Davis's ex-wife was alerted of the lawsuit by her lawyers, at which time Davis allegedly admitted to Plaintiff, in a "confessional" phone call, that he'd defrauded Plaintiff to prevent her from getting anything from their divorce. While Davis's actions against Gallico were time-barred, Plaintiffs actions against both Davis and Gallico were not so easily dismissed. The court held that the "discovery" rule regarding accruals of causes of action could lead to the conclusion that her action did not accrue until the "confessional" call from Davis, and not her earlier inquiry in the 1970s. Since issues of fact regarding when her action accrued still existed, the action could not be dismissed summarily. - LSW

Legal Issues
Family Law Marriage Divorce & Separation
General Affirmative Defenses Statutes of Limitation
Property General Fraudulent Conveyance/Transfer
Torts Economic Torts Fraud, Misrepresentation & Inducement
  Property Torts Conversion


Opinions Gilmore v. Davis
185 Fed.Appx. 476
Sixth Circuit , June 20, 2006 ( No. 05-5176 )


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Related Searches Parties
Davis, Stephen Allen ( Defendant )
Rich, Charlie ( Other )
Sledge, Percy ( Other )
Spouse of Artist(s) ( Plaintiff )

Legal Issues
Family Law / Marriage / Divorce & Separation
General / Affirmative Defenses / Statutes of Limitation
Property / General / Fraudulent Conveyance/Transfer
Torts / Economic Torts / Fraud, Misrepresentation & Inducement
Torts / Property Torts / Conversion

Courts
Sixth Circuit (highest court)


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