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Korn's Singer: "Plaintiff is Demented!"
Highest Court California Court of Appeal
Year Ended 2009
Plaintiffs Individual(s)
Defendants Band Member(s)
Other Korn
Short Description Jonathan Davis, the lead singer for nu-metal pioneers, Korn, was once a fond collector of serial killer memorabilia, and even contemplated financing a museum for the purpose of displaying that kind of stuff. Plaintiff was the party with whom Davis contracted to organize and fund such a museum. However, when Davis changed his mind, the two entered a settlement in which Davis granted to Plaintiff a Volkswagen vehicle previously owned by Ted Bundy, two clown suits previously owned by John Wayne Gacey, four paintings by John Wayne Gacey, a confession signed by Albert Fish, and five drawings by Richard Ramirez. As part of the settlement, Davis promised not to disparage Plaintiff, his venture, or the materials. However, shortly thereafter, Davis did precisely that, calling the stuff "sick shit" and publicly distancing himself from such "negative" things. When plaintiff sued for violation of the agreement and fraud, Davis sought to dismiss, citing California's Anti-SLAPP act, which can dispose of complaints brought against protected expression unless Plaintiffs can demonstrate a likelihood of success. In this case, the court held Plaintiff met the burden. Davis's comments breached the settlement and caused diminution in the memorabilia's value. Further, Plaintiff made a prima facie showing of fraud. Defendant's Anti-SLAPP motion denied. Though, in all fairness, this is sick shit. - LSW

Legal Issues
Alternative Dispute Resolution Settlements Judicial Enforcement
Constitutional Law First Amendment Anti-SLAPP Statutes
Contracts Breach Payment & Performance
Torts Economic Torts Fraud, Misrepresentation & Inducement


Opinions Rosenblatt v. Davis
2009 WL 400101
California Court of Appeal , February 19, 2009 ( No. B203915 )


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Related Searches Parties
Band Member(s) ( Defendant )
Individual(s) ( Plaintiff )
Korn ( Other )

Legal Issues
Alternative Dispute Resolution / Settlements / Judicial Enforcement
Constitutional Law / First Amendment / Anti-SLAPP Statutes
Contracts / Breach / Payment & Performance
Torts / Economic Torts / Fraud, Misrepresentation & Inducement

Courts
California Court of Appeal (highest court)


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