box1 header1
Entry Detail
Terms of Use The data on this site is for education, insights, and entertainment, and is not to be used for commercial purposes. If you want to use content for noncommercial purposes, be kind and give us due credit. To read the full Terms of Use, click here.
Options Conduct New Search
Copy Permalink to this Item
 
Bay City Royalties
Highest Court S.D. New York
Year Ended 2009
Plaintiffs Bay City Rollers
Defendants Arista Records
Other No Other parties on file
Short Description In a case with "unprecedented facts," according to the court, Defendant record label openly admitted to not paying Plaintiffs royalties for roughly 25 years, as they were required to under a record contract signed in 1981. Plaintiffs insist that Defendant repeatedly assured Plaintiffs they would pay the money, or simply said they did not know where to send the payments, even after Plaintiff's supplied the label with contact information. Defendant, however, claims Plaintiffs' cause of action was blocked by the statute of limitations. The court here found that the statute of limitations didnot prevent Plaintiff's contract action, since the pleadings, if taken to be true, stated a cause of action. Plaintiff's claim for breach of fiduciary duty failed, however, as no fiduciary relationship existed. In a related case, former members of the group sued to be included but were denied. - LSW

Legal Issues
Business Associations General Fiduciary Duties
Contracts Breach Payment & Performance
Copyrights Ownership Assignments, Licenses & Renewal Rights
General Equitable Remedies Accounting
    Constructive Trust


Opinions Faulkner v. Arista Records LLC
602 F.Supp.2d 470
S.D. New York , March 05, 2009 ( No. 07 Civ. 2318 (DAB) )


Mitchell v. Faulkner
2009 WL 585882
S.D. New York , March 05, 2009 ( No. 07 Civ. 2318(DAB) )


Errors Do you see something that is not correct?
The Discography is an ongoing project. Some entries in the database are displayed in various stages of completion. If you see spelling or grammar issues, they are likely to be corrected in the near future as they're noticed by editors (they're on the "To Do" list, we promise). But If you notice errors regarding facts, legal conclusions, or other information, please contact us to let us know. We've done our best, but can't assure perfection. Thank you.


Related Searches Parties
Arista Records ( Defendant )
Bay City Rollers ( Plaintiff )

Legal Issues
Business Associations / General / Fiduciary Duties
Contracts / Breach / Payment & Performance
Copyrights / Ownership / Assignments, Licenses & Renewal Rights
General / Equitable Remedies / Accounting
General / Equitable Remedies / Constructive Trust

Courts
S.D. New York (highest court)


permalink to this entry