Universal Music Group is strongly doubling down on a push to dismiss a royalties-related suit submitted by Limp Bizkit. Image Credit: UMG
About one month after shooting back versus Limp Bizkit’s huge unpaid-royalties and violation fit, Universal Music Group is strongly doubling down on its termination arguments.
The significant made its most recent push to have the case tossed through a reply in assistance of a late November termination movement. Limp Bizkit and frontman Fred Durst imposed the preliminary action, declaring north of $200 million in prospective damages, back in October.
Without reworking the case’s diverse specifics– we’ve currently covered those details along with UMG’s counterarguments in information– the complainants state the significant kept large royalty payments under a JV with Durst’s Flawless Records and a handle Limp Bizkit itself.
Durst discovered the presumably missing payments, presumably coming from “dubious” recoupment balances and various “deceitful accounting practices,” upon working with a brand-new group, per the problem. And to name a few things, he’s looking for the instant termination of the pertinent agreements.
The claims quantity to “fiction,” UMG preserved in the November termination movement, declaring in more words that Limp Bizkit’s then-business supervisor had actually sustained any possible payments mix-ups through his own misstatements.
Regarding the presumably inflated advances, particular still-unrecouped accounts supposedly balance out other accounts’ favorable balances at numerous points, according to Universal Music. A Limp Bizkit associate didn’t be reluctant to press back versus UMG’s arguments, decrying in a declaration the declared “well-trodden method of reaching for any escape path by frantically understanding at technicalities.”
Now, those very same termination arguments have actually resurfaced, with a little bit of extra information, in the aforementioned reply.
Keeping the concentrate on the leading level here, among the pertinent offers, total with a New York forum-selection stipulation, is still in location regardless of the complainants’ rescindment claims, per UMG. And in any occasion, the credibility of the rescindment declared in the California-filed action “is for that reason a concern for a New York court to address,” the legal text checks out.
Next, after diving into a multitude of difficulties to Limp Bizkit’s real effort to nix the offer, the strongly worded retort checks out the match’s supposed failure to mention a claim when it pertains to royalty-related breach of agreement claims.
“UMG has even more acknowledged that Plaintiffs have the specific right under all 3 contracts to examine Interscope’s books and records to figure out whether extra royalties are owed,” one appropriate line define. “And yet, with all this info offered, Plaintiffs have actually stopped working to determine a single deal that would set off a royalty that has actually not been paid.”
Limp Bizkit and Durst “do not (and can not) conflict that the appropriate contracts specifically permit the cross-account recoupments they declare as scams,” the file recommends.
If the initial problem and above-highlighted action are any indicator, the complainants will have much to state about UMG’s position. Formerly,
