Federal POOF!: Ninth Circuit Determines Plaintiff Should Have Been Granted Summary Judgment, Reversing Substantial Fee Award To Defense

$2.4 Million Fee Award Goes Away.

     It is not often that we have a federal POOF! to share with you. However, here is a recent one.

     In F.B.T. Productions, LLC v. Aftermath Records, Case Nos. 09-55817/09-5069 (9^th Cir. Sept. 3, 2010) (for publication), plaintiff sued under contracts to recover a percentage of royalties due from defendant in connection with the rap artist Eminem. The district court denied plaintiff’s summary judgment motion, with the defendant obtaining a jury verdict in its favor and a later fee award of $2.4 million.

     That all went POOF! when the Ninth Circuit determined plaintiff was entitled to a summary judgment under its contracts with respect to royalties due for sales of Eminem’s recordings in the form of permanent downloads and mastertones. The contracts were unambiguous such that the matter was reversed as a matter of law and remanded for further proceedings.

     BLOG BONUS QUIZ—Do you know Eminem’s real name? A: Marshal B. Mathers, III.