McGraw wins court ruling against Curb
Wednesday, September 26, 2012
– A Tennessee Court of Appeals ruling affirmed a lower court's 2011 rejection of Curb Records' request for an injunction that would have prevented Tim McGraw from signing with another label, the court ruled Tuesday.
McGraw may now be able to release a new disc on Big Machine, which signed him in May.
"This ruling makes it clear that Tim McGraw is a Big Machine recording artist," McGraw's attorney Bill Ramsey said. "He is no longer a Curb artist. He satisfied his obligations in good faith and delivered a lot of great albums to Curb, including 'Emotional Traffic'."
Curb issued a statement saying, "We respectfully disagree with today's ruling by the Court of Appeals on that issue, and we intend to continue to pursue this issue, including through the further appeals process as appropriate, in light of the significance of the underlying principles involved."
"The fundamental issue in this case is whether Tim McGraw fully performed under his contract with Curb Records. That issue has yet to be ruled on by any court, and will be the subject of a full trial on the merits scheduled for later this year. As to that fundamental issue, however, the Court of Appeals in its ruling yesterday reiterated the earlier sentiment expressed by the trial court that Curb Records has shown some likelihood of success on its breach of contract claims, and that Curb Records will be entitled to seek to recover compensatory damages from Mr. McGraw at the upcoming trial," the statement said.
"The only legal effect of the ruling by the Court of Appeals yesterday was to affirm the trial court's earlier decision that one of the remedies requested by Curb Records against Mr. McGraw, injunctive relief (i.e., a ruling by the court preventing Mr. McGraw from recording elsewhere until he had fully performed under his recording agreement with Curb Records), was not appropriate under the particular facts and circumstances of this case."
Curb can apply for permission to appeal the ruling to the Tennessee Supreme Court.
"We are in agreement with what Bill Ramsey says," Big Machine President/CEO Scott Borchetta said in a statement to Country Aircheck. "I signed Tim in good faith believing he was free to sign with us. We've been working toward a first quarter album release all along and have not been slowed by any of the legal issues."
More news for Tim McGraw
CD reviews for Tim McGraw
Two Lanes of Freedom
Tim McGraw's debut on Big Machine, "Two Lanes Of Freedom" is his first record since the announcement that he gave up alcohol five years ago and the first since his acrimonious, litigious split from the only label he had ever known, Curb. The new CD literally and symbolically represents a fresh start. If only the material better reflected his new take on life. What is presented here is about as boiler plate as contemporary country gets. The album is a safe play and takes almost no chances. »»»
Tim McGraw is the ultimate country music Zelig. Match him with a great lyric, and he's like the voice of a prophet. But put him with fluff, and he's no better than a news reader anchorman on a slow news day. McGraw is at his best on Better Than I Used To Be, a song as spiritual as you want it to be. It could easily be applied to the New Testament exhortation to "work out your own salvation with fear and trembling." It can also be taken as a self-help summation. »»»
Christmas All Over the World (single)
Tim McGraw brings an international flavor, at least lyrically, to his new holiday single, Christmas All Over the World When the bells start ringing, it suggests, "no matter where you are, it's going to warm your heart," according to McGraw. With its lyric, McGraw names numerous countries and cultures and says a little bit about how each celebrates the season.
Sonically, the song features a big twang-y guitar part, which gives it a kind of wild-west-meets-U2 feel. »»»
Editorial: Walking the talk
When names like Hank Williams, Johnny Cash, Waylon and the Hag are invoked, you're talking hard core country. These are the touchstones of country , the guys who made country music what it was and still is (or maybe can be). When these folks would sing about being down-and-out and the rough-and-tumble, they knew of what they were singing about. Fast forward a few years to the country singers of today. »»»
Concert Review: Steve Earle doesn't rest (on laurels)
If you didn't realize Steve Earle had a new disc out, "The Low Highway," it would have been no problem realizing that quite and quickly.
That was because Earle started the two-hour show with three straight tracks from "The Low Highway," and he would not be done for the night. The title track of was a midtempo effort... »»»
Concert Review: The Howlin' Brothers leave the radar behind
The Howlin' Brothers - this trio, in reality, contains no brothers - are about eight years into their career and on their fifth album. To say they've been under the radar screen may be an understatement. You couldn't even say they've been flying under that screen because they have stuck very close to their Nashville environs.... »»»
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