|
|
Go to page 1~2 [Next] | ||||||||||
General_Magician Special user United States 707 Posts |
Here is a good example of why you should never neglect the legal aspects in show businhess:
Quote:
Florida Georgia Line may be one of the most popular country acts, but there’s at least one company that isn’t too keen on the ‘This Is How We Roll’ duo right now. http://tasteofcountry.com/florida-georgi......er-sued/ ALL OVER A CHECK THAT WAS CASHED A FEW DAYS EARLY and it turns into a 15 million dollar lawsuit.
"Never fear shadows. They simply mean there is a light shining somewhere nearby." -unknown
Company Website Facebook Business Page Twitter Business Page |
|||||||||
Salguod Nairb Room 101 0 Posts |
Why didn't they just post date the check??
We shall meet in the place where there is no darkness...
|
|||||||||
Dannydoyle Eternal Order 21219 Posts |
Are you allowed to post date checks?
Danny Doyle
<BR>Semper Occultus <BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell |
|||||||||
Salguod Nairb Room 101 0 Posts |
Sure! As long as the other party accepts it.
We shall meet in the place where there is no darkness...
|
|||||||||
mastermindreader 1949 - 2017 Seattle, WA 12586 Posts |
Quote:
On Aug 11, 2014, Dannydoyle wrote: Yes. The date on the check is the key factor here, not any alleged oral agreement. But I suspect there's a lot more behind this action than what is in the article. |
|||||||||
Salguod Nairb Room 101 0 Posts |
Nowadays it doesn't always work seeing that it is all automated these days. In the olden days you never had to worry about the check clearing before 3 days unless they shared the same bank as you. Now checks can clear as fast as a debit/credit charge.
We shall meet in the place where there is no darkness...
|
|||||||||
mastermindreader 1949 - 2017 Seattle, WA 12586 Posts |
True. They CAN clear that fast, but if they are between different banks, they almost never do. Banks take advantage of the "float"- that period of time where they get to hold your money. It's very profitable. Businesses also still capitalize on that. I knew a company once that purposely used a bank because it took four days to clear checks. Effectively, that gave them a four day float on their own money after they'd written a check on it.
|
|||||||||
General_Magician Special user United States 707 Posts |
I hope the Florida Georgia Line has a liability insurance policy. Even if they do, I am not so sure most liability insurance policies will cover 15 million dollars if the jury were to award that much in damages. It doesn't seem like the Florida Georgia Line is incorporated or set up as an LLC. I could be wrong, so if even if they do have a liability insurance policy, they better hope that if a jury finds them liable for any damages that those damages don't exceed their insurance policy. And even if the Florida Georgia Line were incorporated or had an LLC set up, they didn't seem to be using a contract that kept it between their own company and the plaintiff company and if that is the case, I am sure the opposing attorney named them personally in the lawsuit. I'd hate to have my assets taken from me and then possibly up to 15 million dollars worth of my future earnings garnished to pay off a judgement.
"Never fear shadows. They simply mean there is a light shining somewhere nearby." -unknown
Company Website Facebook Business Page Twitter Business Page |
|||||||||
mastermindreader 1949 - 2017 Seattle, WA 12586 Posts |
LOTS of assumptions in that post, William.
The check itself is a form of contract. The date on the check represents that the money is available on that date. If it wasn't, the person who drafted it is liable, oral agreements to the contrary notwithstanding. |
|||||||||
General_Magician Special user United States 707 Posts |
Well I am not a lawyer, so you know more about that than I do. But I do know that you never know what a jury will decide. Sometimes you feel sure a jury will decide one way and then they decide the opposite. You never know what the jury will decide. In the meantime, Georgia Florida line could get dragged into court and might have to pay some legal fees to defend themselves. Or I assume they could try to settle with the plaintiff so it doesn't go to court. Or they could go to court to fight it all the way, but I can see where it would cost them legal fees to do so.
"Never fear shadows. They simply mean there is a light shining somewhere nearby." -unknown
Company Website Facebook Business Page Twitter Business Page |
|||||||||
mastermindreader 1949 - 2017 Seattle, WA 12586 Posts |
Also note that the band seems to be claiming that they STILL are owed money for the concert. (I'm sure 72 hours have passed by now.)
And a judge can set aside a jury verdict if it goes against the law or the weight of the evidence. This rarely happens in criminal cases, but is common in civil matters. |
|||||||||
General_Magician Special user United States 707 Posts |
What about the defamation aspects. Do you think the plaintiff could win a case for defamation here Bob?
"Never fear shadows. They simply mean there is a light shining somewhere nearby." -unknown
Company Website Facebook Business Page Twitter Business Page |
|||||||||
mastermindreader 1949 - 2017 Seattle, WA 12586 Posts |
I have no idea. I'd have to know all the facts of the case. And, as I said earlier, I believe there is a LOT more to the story than is stated in the article. For starters, I'd like to know what the band meant when it said in its statement, that they are STILL owed money on the performance contract.
|
|||||||||
General_Magician Special user United States 707 Posts |
Quote:
On Aug 11, 2014, mastermindreader wrote: If there was a contract involved and Florida Georgia Line hasn't been fully paid by what is written in that contract, I assume they could file a counter claim against the company that's suing them.
"Never fear shadows. They simply mean there is a light shining somewhere nearby." -unknown
Company Website Facebook Business Page Twitter Business Page |
|||||||||
mastermindreader 1949 - 2017 Seattle, WA 12586 Posts |
Yes. And if the company breached the contract, the band could alternatively sue for the reasonable value of the services rendered EVEN IF that value is determined to be higher than the originally contracted fee.
|
|||||||||
General_Magician Special user United States 707 Posts |
With the exception of the check, it sounds like they just had an oral agreement from the article which that can turn into a he said she said thing. Doesn't look like the lawsuit has much merit, but then again, you never know, especially with the defamation aspect.
"Never fear shadows. They simply mean there is a light shining somewhere nearby." -unknown
Company Website Facebook Business Page Twitter Business Page |
|||||||||
Salguod Nairb Room 101 0 Posts |
I would not expect this to ever make it to a jury. Even if they can prove a case it will take years before it makes it to court.
We shall meet in the place where there is no darkness...
|
|||||||||
mastermindreader 1949 - 2017 Seattle, WA 12586 Posts |
I can practically guarantee there was a full written contract. By law, contracts for services to be performed in the future that exceed a certain dollar amount must be in writing. I've NEVER seen a $200,000 entertainment contract that wasn't in writing and I doubt there's ever been one.
|
|||||||||
General_Magician Special user United States 707 Posts |
I would think their would be a written contract for a check that is written out for 250 grand. It's hard to tell what the facts are from the article. If this is the case (that their is a contract), then Florida Georgia Line could probably file a counter claim if they were not paid according to the contract, but then the other side is also claiming breach of contract and defamation. Would this make it to a jury Bob or will the defense settle with the plaintiff before it reaches court? How long would it take to make it to court?
"Never fear shadows. They simply mean there is a light shining somewhere nearby." -unknown
Company Website Facebook Business Page Twitter Business Page |
|||||||||
LobowolfXXX Inner circle La Famiglia 1196 Posts |
If I were a gambling man, I'd note that fewer than 5% of cases filed make it as far as a jury verdict.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley. "...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us." |
|||||||||
The Magic Cafe Forum Index » » Not very magical, still... » » Why You Should Never Neglect The Legal Aspects In Show Business (0 Likes) | ||||||||||
Go to page 1~2 [Next] |
[ Top of Page ] |
All content & postings Copyright © 2001-2024 Steve Brooks. All Rights Reserved. This page was created in 0.06 seconds requiring 5 database queries. |
The views and comments expressed on The Magic Café are not necessarily those of The Magic Café, Steve Brooks, or Steve Brooks Magic. > Privacy Statement < |