The Litigation, The lawsuit Options

[Sunderer]

I haven't posted here in a long time (if ever).

At the risk of duplicating a topic, you can access the litigation between the other members and Ed. (We lawyers find these things).

I do not believe I am allowed to link to the direct site, but the lawsuit is filed in the State Supreme Court in New York. Your GoogleFoo skillz should get you there!

Their records are free so long as you agree to the terms. You can view the various pleadings.

Then you can say you are PRIVY to something !

[Sunderer]

Sorry about duplication.

The complaint was two-fold: (1) failure to pay $300,000 (he apparently paid $75,000 on an advance); and (2) the bootleg.

There is absolutely nothing since August of last year. Now discovery in civil cases is conducted outside the purview of the court (unless a discovery dispute arises). So you might not hear about discovery.

BUT, a year is a LONG time without hearing anything. No trial settings requested, no hearings requested, nothing.

Perhaps New York dockets are ten times worse than where I practice (Texas), but a year with nothing reported on the docket is CRAZY.

I previously offered (probably on FB) to mediate this dispute. This mediation would occur in Vegas. I would NOT charge for travel or hotel, as I can get those - just my time during the mediation. And since I'm a specialized divorce attorney, this dispute is right up my alley. Just another breakup. Unfortunately, the "parents" left millions of heart-broken "kids" in this case.

And to digress on to other topics ... I don't care if you make Jesus Christ the lead singer of your new re-tooled band, it WON'T WORK 9 times out of 10. Ask Fuel (Brett had that cool voice). Ask Creed (and they lost their mo). Heck, even Journey stinks after all these years. [Van Halen is the one and only exception].

LIVE needs to start over. They need to write a new agreement. If Ed is doing 99% of the writing as he claims, then re-tool the '05 Agreement. Write an agreement where Ed can work on solo projects as well (it seemed to work for Sting and the Police).

But I turn 50 in March, and I'm planning on spending my birthday making extremely poor choices in Vegas. As least SOME good could come out of my trip.

[dangum]

BUT, a year is a LONG time without hearing anything. No trial settings requested, no hearings requested, nothing.

Is there a statute of limitations for this sort of case?

What's your opinion on the bootleg CDs that Ed's selling on his site? Ed would need to make some sort of payment to the rest of the band for any income he receives from them, right?

[mfitz804]

Is there a statute of limitations for this sort of case?

What's your opinion on the bootleg CDs that Ed's selling on his site? Ed would need to make some sort of payment to the rest of the band for any income he receives from them, right?

Statutes of limitations don't apply AFTER a lawsuit has been filed; the SOL is your deadline for filing, not resolving, the matter. Once the case is filed, it can take a long, long time depending how aggressively it is pursued by the two sides.

The case does not appear on the Supreme Court's online information system (http://www.courts.state.ny.us). This means that although the lawsuit has been filed, neither party has requested that the matter be assigned to a judge by filing a Request for Judicial Intervention. This usually happens when someone wants to file a lawsuit to protect their right to sue (like before the Statute of Limitations expires), but they don't necessarily want to pursue the case at the moment.

Unless and until someone files and RJI and/or makes a motion to dismiss the case, it will just sit there. So it appears neither side is too anxious to get involved in the litigation aspect of the dispute.

Copyright on recorded music exists on two levels: performance and publishing. Its Ed's performance, but to the extent CCP contributed to the writing of the songs and own a piece of the publishing, then yes he should be paying them.

[Bremang]

Copyright on recorded music exists on two levels: performance and publishing. Its Ed's performance, but to the extent CCP contributed to the writing of the songs and own a piece of the publishing, then yes he should be paying them.

Can we know for sure this before discovery?

[mfitz804]

Can we know for sure this before discovery?

The principle is one of law...if they are in on the publishing, they are in on the copyright and hence the money. I don't think anyone has denied that they each had a 25% interest in the publishing.

So no, I don't think discovery is necessary to know this.