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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

Damn Country Music CD review - Damn Country Music
Tim McGraw said of his 14th studio album, "Damn Country Music," "It's is all about passion, (taking him back to 1989) "when I came to Nashville to chase my dreams." Country music has richly rewarded him over the past two decades, and he honors the genre's tradition here. The album gets off to a very traditional start with Celtic folk. The flute and skillful acoustic picking on the opener "Here Tonight" bring a Mark Knopfler tune immediately to mind. »»»
Sundown Heaven Town CD review - Sundown Heaven Town
The banjo comes first out of the speakers, the opening strains of "Overrated," the lead-off song on Tim McGraw's latest. But with a "1-2-3-4" count, the mood changes and goes for a more modern country approach. McGraw does about the same on the follow-up "City Lights" with Michael Landau's steely, but rocking lead guitar taking over near the conclusion as it does later hard on "Sick of Me" where the protagonist contemplates a need to turn his life around. »»»
Two Lanes of Freedom CD review - 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. »»»
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: Drive-By Truckers finds little to celebrate – While introducing "Guns of Umpqua," off the new "American Band" album, Drive-By Truckers' Patterson Hood wondered out loud - in a profanity-laced observation - why he can never seem to see a flag not at half-mast anymore. "We can do better, people!" he admonished the crowd. In an election year with two of the most... »»»
Concert Review: Simpson rides the night out in style – Sturgill Simpson came to Beantown with a deserved music reputation after three albums and a well-received, albeit quite adventurous release earlier this year, "A Sailor's Guide to Earth." He doesn't have hits per se or much of a commercial presence. His rep has been built on quality. While the Kentuckian's first two discs... »»»
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