Recording artist Kanye West and music publisher EMI are currently embroiled in dueling lawsuits with each other regarding an alleged breach of West’s co-publishing contract with EMI. West, who filed a complaint against EMI in court in California, asserts that California law should govern the terms of the contract. He also asserts that the contract amounts to a contract for personal services that began in 2003, thus violating a California statute that limits personal services contracts to seven years or less. Conversely, EMI filed a complaint in New York, asserting that New York law governs due to the choice of law provision in the contract. EMI also asserts that West’s…
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How Statutes of Limitations May Affect Harvey Weinstein’s Accusers’ Legal Options
Should the mounting allegations of sexual harassment and assault prove to be true – and it’s not looking so good for him – then Harvey Weinstein is a criminal. This isn’t just “bad behavior” or “acting inappropriately.” Sexual assault is a crime punishable by law. However, it is also a tort (a civil wrong) that could result in financial liability if proven in court. Criminal assault and civil assault have different statues of limitations. It is possible that he could be held criminally liable as well as civilly liable should his accusers bring a suit against him before the civil statute runs in each of their particular cases. In many…
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Haunted House Law & the Duty to Disclose
It’s a tale as old as time: newlyweds visit an open house. They fall in love with the ancient ivied walls and quaint secret passageways, only to learn that a gruesome murder took place in the house years before and now the halls are haunted by a poltergeist that won’t leave the premises. According to the law, only some states require property owners to disclose whether they live in a “haunted house.” In other states, purchasers may discovery this after the sale when their only recourse is to hire an exorcist and hope for the best. Most states require…
