#ESTATE OF MUSIC MAN SUES #KC & THE SUNSHINE BAND IN FEDERAL COURT – — does #Florida estate have standing to sue for infringement?
Does the #Florida estate of a songwriter have legal standing to sue for copyright infringement?
This is one of the issues faced by a #Florida federal court and then a federal appeals court in a recently published opinion.
Evidently a songwriter, an “author of a musical composition”, assigned his rights to music in exchange for royalties. Can his #Florida estate now sue under the federal Copyright Act?
The songwriter had passed away and his son opened up his father’s Florida estate. His son was appointed #personal representative of his father’s Florida estate and brought this lawsuit in federal court in Florida. The #Florida personal representative of the #Florida estate sued several entities with whom his father recorded music in the late 1970s. The #Florida estate made allegations of copyright infringement of his father’s copyright in a musical composition . The Florida personal representative also sued for breach of contract and a declaration.
The #Florida federal District Court concluded that the #Florida estate lacked standing under federal statutory law to sue for infringement and dismissed that claim. The #Florida estate filed a motion to amend the complaint but this was denied by the Florida federal court .
On appeal, the #Florida estate one. The appeals court concluded that the #Florida estate did have standing to bring in infringement claim and reversed the lower federal court.
#ESTATE LAWSUITS IN FEDERAL COURT
Most #estate lawsuits and #inheritance fights are in a #Florida state court, such as a circuit court for Fort Lauderdale, Florida or Delray Beach, Florida.
#Florida probate courts in Palm Beach County Florida, Broward County, Florida and Miami Dade County, Florida have a number of #probate lawsuits which seek to determine rights and award money damages to #estate beneficiaries and others.
But in this recent case, the plaintiff chose to go to federal court because the copyright infringement claim came under federal law.
CHOOSING WHERE TO FILE YOUR #PROBATE LAWSUIT
Choosing where to file your #probate lawsuit or your inheritance lawsuit is an important part of #Florida probate litigation. Many #Palm Beach probate litigators, and #Fort Lauderdale probate litigators are familiar with the legal concepts of trust venue, diversity, federal claims, and subject matter jurisdiction for wills, trusts and estates.
If you file your #estate lawsuit in the wrong court, the other side may file a #motion to dismiss or a motion to transfer. Strategically, or tactically, from an #estate litigation standpoint, this may make sense, but one concern is that it can drive up #estate legal fees and costs.
#WILL FEDERAL COURTS HEAR MORE #ESTATE LAWSUITS?
One question that #Florida probate litigators ponder is whether more #inheritance lawsuits will be filed in federal court, rather than state court. This is a tactical or strategic decision – – – #probate litigation strategy – – – which many #estate trial lawyers consider, particularly in light of the Marshall case.
FOR REFERRAL SOURCES, LAWYERS AND LITIGATORS ONLY
We help you with Florida estate and trust administration and trials, and #probate appeals.
Our #Florida probate law firm
- does not prepare estate plans
- does not draft wills and trusts
- does not steal your clients or your probates
Our #West Palm Beach, Florida #probate litigation firm :
- hands your clients back to you at the conclusion of the #Florida matter—after all, they are YOUR clients
- we try cases & handle appeals
- our practice is restricted to #Florida probate disputes & contested guardianships
- we work with you on #Florida estate administration, #Florida probate
- we litigate for and protect beneficiary rights
- we represent #Florida personal representatives or executors, and #Florida trustees
- we receive approximately 95% of our clients from other lawyers
- we take contingency fee cases
Who are we? Our firm is comprised of
- serious Florida litigators, with an outstanding reputation in our legal community
- focused probate lawyers,
- experienced paralegals and support staff.
We have been involved in high profile, nine figure, multi-million-dollar #Florida estates, including Madoff matters, old # Palm Beach money and complex trusts and multi-party #Florida probates. We also handle “small” or “simple” matters. All we do is litigate and help you with #Florida estate and trust administration. #Tortious interference with an inheritance and allegations of #undue influence, and #will challenges and trust challenges are a unique subspecialty of the law. Does your client know which ones to file, when to do that, and why? Do you know the different ways to prove each case? How about quantifying or assessing damages? It would be our pleasure to work with you and to serve your clients. For a complete copy of this very recent legal opinion please email michelle@pankauskilawfirm.com.
John Pankauski, www.johnpankauski.com, is the author of The Trustee’s Book – An Individual’s Guide To Money, Misfits, Marriages, and Mismanagement, and the upcoming The $41 Trillion Inheritance War. He is an estate and trust litigator in West Palm Beach, Florida, www.pankauskilawfirm.com and has been featured on the CBS Evening News, in The Wall Street Journal, MarketWatch, NBC, ABC and Fox networks.