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Bodyguard: "I'm R. Kelly's Mentor!"
Highest Court N.D. Illinois
Year Ended 2007
Plaintiffs Individual(s)
Defendants Kelly, R.
Other No Other parties on file
Short Description The former security guard for R. Kelly claimed to have been more than hired muscle, but also a close friend and "mentor," who advised Kelly to learn a dance style known as "steppin,'" taught Kelly how to do the move, and helped Kelly write the song, "Step in the Name of Love." Plaintiff argued he'd offered his assistance and talents at a time when Kelly's public reputation was suffering, and, after the song and dance were released, Kelly's career was revitalized. Plantiff alleged Kelly promised him half the proceeds, and sued R. for breach of oral contract, unjust enrichment, fraud, and even assault. Kelly removed the case to federal court, saying Plaintiff's unjust enrichment claims were simply disguised copyright actions, and the court agreed. Misappropriation of Plaintiff's song and dance is either infringement or an argument for joint authorship, both falling within copyright's ambit, and does not contain the "extra element" necessary to remove it from exclusive federal jurisdiction. While the fraud, contract, and assault claims may stand, they will be tried in federal court as well. - LSW

Legal Issues
Conflicts of Law Jurisdiction & Forum Federal Removal Jurisdiction
Contracts Breach Payment & Performance
Copyrights Ownership Joint Authorship, Works-for-Hire & Derivative Creations
General Affirmative Defenses Federal Preemption
  Equitable Actions Unjust Enrichment
Torts Economic Torts Fraud, Misrepresentation & Inducement
  Intentional Torts Assault & Battery
    False Arrest/Imprisonment


Opinions Vaughn v. Kelly
82 U.S.P.Q.2d 1059 / 2007 WL 804694
N.D. Illinois , March 13, 2007 ( No. 06 C 6427 )


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Related Searches Parties
Individual(s) ( Plaintiff )
Kelly, R. ( Defendant )

Legal Issues
Conflicts of Law / Jurisdiction & Forum / Federal Removal Jurisdiction
Contracts / Breach / Payment & Performance
Copyrights / Ownership / Joint Authorship, Works-for-Hire & Derivative Creations
General / Affirmative Defenses / Federal Preemption
General / Equitable Actions / Unjust Enrichment
Torts / Economic Torts / Fraud, Misrepresentation & Inducement
Torts / Intentional Torts / Assault & Battery
Torts / Intentional Torts / False Arrest/Imprisonment

Courts
N.D. Illinois (highest court)


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