Ahearn v. Scholz case brief
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85 F.3d
774 (1996)
CASE SYNOPSIS: Appellant musician and
appellee former manager sought review of a judgment from the United
States District Court for the District of Massachusetts finding
appellant liable for breach of contract to pay royalties on an album
and awarding damages and attorney's fees and costs.
FACTS: Appellee former manager filed a complaint against appellant musician alleging breach of contract for failure to pay royalties. The district court found appellant breached a modification agreement, awarded damages for failure to pay royalties on an album, and granted appellee attorney's fees and costs. The district court denied appellant's postjudgment motions for relief.
FACTS: Appellee former manager filed a complaint against appellant musician alleging breach of contract for failure to pay royalties. The district court found appellant breached a modification agreement, awarded damages for failure to pay royalties on an album, and granted appellee attorney's fees and costs. The district court denied appellant's postjudgment motions for relief.
HOLDING:
On appeal, the court held that
appellee's breach of the contract was not material and that there was
a sufficiency of the evidence to support the fraud claim.
ANALYSIS:
The court also held that appellee's
claim was not actionable under Mass. Gen. L. ch. 93A, §§ 2, 11,
under which appellee was awarded costs, attorney's fees, and
interest; the court held that appellant's conduct did not rise to the
level that constituted a breach of the state law. The court ruled
that testimony of appellee's lead counsel as an expert witness and
percipient witness was proper. The court held that the question of
whether the agreement was rescinded was required to be determined.
The court therefore reversed and remanded in part for a trial on the
issue of rescission, and affirmed the other holdings of the district
court.
CONCLUSION: Judgment finding appellant musician liable for breach of contract and awarding damages, attorney's fees, costs, and interest affirmed in part, and reversed and remanded in part. Appellee former manager's claim was not actionable under state law, a determination of rescission of the contract was necessary, and evidentiary rulings were proper.
CONCLUSION: Judgment finding appellant musician liable for breach of contract and awarding damages, attorney's fees, costs, and interest affirmed in part, and reversed and remanded in part. Appellee former manager's claim was not actionable under state law, a determination of rescission of the contract was necessary, and evidentiary rulings were proper.
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