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Lawsuit

Page: 26

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Travis Scott and Live Nation have reportedly settled a majority of the wrongful death lawsuits brought against them in the wake of the Astroworld tragedy. Out of 10 wrongful death lawsuits to emerge after the incident, one case went to trial this week.
As reported by the Associated Press, the bulk of the wrongful death lawsuits have been settled including the case of Madison Dubiski, 23, a Houston native who was one of the people killed in the tragic incident. Although the Dubisiki matter was set to go to trial this past Tuesday (May 7), that case was also settled.

“Mr. Scott is grateful that a resolution has been reached without the need for a trial,” Ted Anastasiou, a representative for the rapper, offered in a statment. “The confidential agreement will honor Madison Dubiski’s legacy and promote improvements for concert safety.”
The last open lawsuit is from the family of Ezra Blount, 9, who was the youngest person to lose their life at Astroworld. The judge overseeing the matter said that if the family doesn’t settle, this may be the next trial instead of the several injury cases brought against the defendants. ‘
Neal Manne, an attorney for Live Nation, said that around 2,400 injury cases are still pending. Over 4,000 plaintiffs filed hundreds of lawsuits after the conclusion of the concert.
After an investigation into the Astroworld tragedy was conducted, a grand jury did not indict Travis Scott along with five other individuals.

Photo: Gilbert Flores / Getty

Former Nickelodeon producer/writer Dan Schneider fired back at the team behind the bombshell series Quiet on Set: The Dark Side of Kids TV on Wednesday (May 1) in a lawsuit in which he alleged that the documentary series wrongly implied that he sexually abused the child actors he worked with.
According to the Associated Press, Schneider filed the defamation suit against Warner Bros. Discovery and other companies behind the investigative series in Los Angeles Superior Court, claiming in the suit that the show’s trailer and episodes deliberately mixed and juxtaposed images and mentions of him with the criminal sexual abusers spotlighted in the show with the implication he was involved.

Former teenage actor Schneider (Head of the Class) split with Nickelodeon in 2018 after more than a decade at the center of some of the network’s most successful, star-making shows, including All That, The Amanda Show, Kenan & Kel and as executive producer of Zoey 101, iCarly and Victorious, with the latter three, respectively, launching the careers of Jamie Lynn Spears, Miranda Cosgrove and Jenette McCurdy and Victoria Justice and Ariana Grande.

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Schneider took center stage during many storylines in Quiet, which interviewed the casts and crews of several of Schneider’s most successful shows to describe how the sets he was responsible for often sexualized their young teen stars in a sometimes tense, toxic work environment some described as abusive. The series originally ran on the ID channel in March and is now available to stream on Max.

Among the bombshell revelations in the series that spotlighted descriptions of sexual abuse of child actors was the emotional commentary from Drake & Josh star Drake Bell, who described his grooming and sexual abuse by former childhood dialogue coach Brian Peck; Peck was convicted of sexually assaulting a Nickelodeon child actor (Bell) in 2004. In the third episode, Bell graphically recounts the abuse he suffered at Peck’s hands when he was 14- and 15-years-old.

Other former actors on Nickelodeon shows from the Schneider era also allege that they were rife with sexism, racism and inappropriate behavior involving underage stars and crew and alleged predatory behavior. The show suggests that Schneider’s shows tended to put young women in comedic situations with overt sexual implications, while depicting him as an angry and emotionally abusive boss, including specific allegations of sexual harassment and gender discrimination form women who worked as writers under him on All That.

Among the allegations are that he displayed pornography on his computer in their presence in the writers’ room and often asked for massages from female staffers with the implication that they could help get the women’s sketches on the shows, which he has denied.

According to the AP, the suit claims “Quiet on Set’s portrayal of Schneider is a hit job. While it is indisputable that two bona fide child sexual abusers worked on Nickelodeon shows, it is likewise indisputable that Schneider had no knowledge of their abuse, was not complicit in the abuse, condemned the abuse once it was discovered and, critically, was not a child sexual abuser himself.” In addition to Discovery — parent company of ID and Max — the suit names the show’s producers as well, Sony Pictures Television and Maxine Productions. The suit claims that the series and its trailer unjustly implicated Schneider in child sex abuse by showing pictures of him, some with his arm around young actresses, amid discussions of what they said were unsafe environments on his sets.

The series claims that kid actors were made to wear suggestive costumes and act in inappropriate sketches with clearly pornographic undertones. All That actor Leon Frierson talks about his superhero character, Captain Big Nose, who wore tights and underwear and a prosthetic nose with matching noses on his shoulders.

“You can’t help but notice that it looks like penises and testicles on my shoulders,” he says in the series, adding that one sketch included Captain Big Nose blasting a giant sneeze caused by his allergy to asteroids, with the punchline consisting of him shooting messy goo on the face of a young woman. “The joke in that sketch is effectively a cum shot joke. It’s a cum shot joke for children,” culture writer Schaachi Koul says in the premiere episode of the five-part series. “Looking back, it’s very strange. Frankly, it was just uncomfortable,” says Frierson, who also describes that getting close to “kingmaker” Schneider could result in another level of success for the young actors. “It was important to be on his good side, and he made it known who was on his good side,” he says.

Nickelodeon, which was not named in the suit, said in a statement in the series that it could not “corroborate or negate” the allegations from two decades ago, but that it investigates all formal complaints and has strict protocols for shows starring minors.

Schneider, 58, was not interviewed for the series, but issued a YouTube video apology after the show aired in which he said he was sorry for “past behaviors, some of which are embarrassing and that I regret.” The suit is seeking financial damages to be determined at trial for what it described as “the destruction of Schneider’s reputation and legacy” via “false statements and implications” as well as the editing and removals of portions of the series and trailers.

“Schneider will be the first to admit that some of what they said is true,” the lawsuit claims according to The Huffington Post. “At times, he was blind to the pain that some of his behaviors caused certain colleagues, subordinates, and cast members. He will regret and atone for this behavior the rest of his life. But one thing he is not — and the one thing that will forever mar his reputation and career both past and present — is a child sexual abuser.”

In a statement to HuffPo, Schneider said the series “highlighted mistakes I made and poor judgment I exhibited during my time at Nickelodeon. … There is no doubt that I was sometimes a bad leader. I am sincerely apologetic and regretful for that behavior, and I will continue to take accountability for it.”

Stories about sexual assault allegations can be traumatizing for survivors of sexual assault. If you or anyone you know needs support, you can reach out to the Rape, Abuse & Incest National Network (RAINN). The organization provides free, confidential support to sexual assault victims. Call RAINN’s National Sexual Assault Hotline (800.656.HOPE) or visit the anti-sexual violence organization’s website for more information.

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Ye FKA Kanye West was named in a recently filed lawsuit that alleges he created a hostile environment for one man and his fellow Black workers. The lawsuit was filed by a former security guard who worked for Ye at the Donda Academy and claims that the producer demanded that the man cut his dreadlocks among other alleged troubles at the worksite.
Page Six obtained legal documents filed by Benjamin Deshon Provo, who worked for Ye in 2021. In the suit, Provo says that he and other Black workers at the academy were mistreated in comparison to their white counterparts, who seemingly enjoyed favorable working conditions.

From Page Six:

“Kanye and members of his management team subjected Provo and other black employees to less favorable treatment than their white counterparts,” the lawsuit alleges.
“Specifically, Kanye frequently screamed at and berated black employees, while in contrast, he never so much as raised his tone of voice toward white staff.”
Provo alleges West, 46, also ridiculed him for wearing his hair in dreads — even though he claims the hairstyle was due in part to his Muslim faith.
“Kanye and members of his management team required Provo to choose between these critical aspects of his self-identity and financial stability,” the complaint states.
Provo said that because he refused the order to cut his hair, he was let go from his position. Provo also claimed that the Chicago superstar allegedly banned books at the academy praising Black leaders.
Provo’s suit named alleged discrimination, hostile work environment, retaliation, labor code violations, and other related claims for which he seeks damages.

Photo: Getty

Lawyers for Sean “Diddy” Combs pushed back against a woman’s lawsuit that accused him of sexual assault, filing a motion on Friday (April 26) to dismiss some claims that were not under law when the alleged incident occurred.
The motion filed in a New York court claims Combs cannot be sued because certain laws didn’t exist when Joi Dickerson-Deal made the allegations against him in 1991.

The music mogul’s lawyers want certain statues from Dickerson-Deal’s claims such as revenge porn and human trafficking to be dismissed with prejudice.

In a filing last year, she said Combs “intentionally drugged” her then brought her home and sexually assaulted her after a date in Harlem when she was a 19-year-old college student.

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Without her knowledge, Combs videotaped the assault and later shared it with several friends in the music industry, the suit alleges. He denied the allegations, accusing her of seeking to exploit the New York law that temporarily extended the statute of limitations.

Dickerson-Deal’s claim came nearly three decades after his alleged misconduct and the New York State Revenge Porn Law was not codified until 2019, Combs’ lawyers said.

His attorneys also pointed out a few others including the New York Services for Victims of Human Trafficking Law, which came into effect in 2007.

The Associated Press does not typically name people who say they have been sexually abused unless they come forward publicly, as Dickerson has done.

Last month, Combs’ properties in Los Angeles and Miami were raided by federal authorities in a sex trafficking investigation. The criminal investigation is a major escalation in the scrutiny of Combs, who has been the defendant in several recent sexual abuse lawsuits.

In a lawsuit Combs settled the day after it was filed in November, his former protege and girlfriend, the R&B singer Cassie, sued him alleging years of sexual abuse, including rape. The lawsuit said he forced her to have sex with male prostitutes while he filmed them.

In February, a music producer filed a lawsuit alleging Combs coerced him to solicit prostitutes and pressured him to have sex with them.

Another of Combs’ accusers was a woman who said he raped her two decades ago when she was 17.

Combs and his attorneys have denied all of the allegations in the lawsuits.

A superfan accused of hacking Kelsea Ballerini and leaking her unreleased music has reached an agreement with the star’s lawyers not to share her songs with anyone else — and to name any people he’s already sent them to.
Just a week after Ballerini sued Bo Ewing over accusations that he illegally accessed her unfinished album and shared it with members of a fan club, attorneys for both sides said Wednesday (April 24) that they have agreed on a preliminary injunction against Ewing that will remain in place as the case plays out.

Under the terms of the injunction to which his lawyers agreed, Ewing is not only banned from disseminating any of Ballerini’s materials, he’s required to divulge who he has already shared them with and how he came into possession of her music.

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“Defendant shall, within thirty days of entry of this order, provide plaintiffs with the names and contact information for all people to whom defendant disseminated the recordings,” the agreement reads. “Defendant shall use his best efforts to disclose to Plaintiffs from whom and by what means he obtained the recordings.”

The agreement avoids a court battle over such an injunction, which Ballerini’s attorneys were asking a federal judge to impose regardless of Ewing’s cooperation. In doing so, they warned that the hack had caused “immediate and ongoing harm” that would get far worse if Ewing was allowed to widely release the allegedly leaked songs online.

“The most critical time for an album’s success is its initial release date,” Ballerini’s attorneys wrote in a motion demanding such an injunction. “Hacks like this substantially diminish both performers’ and labels’ ability to realize the full benefits of the release because the work is already available for download, for free, at the time of the official release.”

Ballerini sued last week, claiming that Ewing — allegedly a former fan who had become disillusioned with the star — had gained illegal “back-door access” to a device holding recordings of 12 songs still in production. Her lawyers say he then shared them with members of an online fan club.

“Because the recordings are not the completed master, the songs are not final and are subject to revision,” her lawyers wrote. “Ms. Ballerini and her team are the only people who can say when the recordings are complete. Defendant’s actions have stripped plaintiffs of that right and caused the distribution of unfinished work that may not yet be up to plaintiffs’ high professional standards.”

Almost immediately, the federal judge overseeing the case issued a so-called temporary restraining order — an emergency order that banned Ewing from sharing any of Ballerini’s materials. That order set the stage for a longer-term preliminary injunction, which both sides were set to debate at a hearing on Thursday (April 25).

Instead, Ewing’s attorneys struck Wednesday’s deal accepting such an injunction. Judge Waverly D. Crenshaw Jr. signed off on the agreement on Thursday. Neither side’s lawyers immediately returned requests for comment.

Megan Thee Stallion and Roc Nation are facing a lawsuit from a cameraman who claims he was forced to watch her have sex with a woman inside a moving vehicle while she was on tour in Spain.
In a complaint filed Tuesday (April 23) in Los Angeles court, Emilio Garcia accused the superstar of subjecting him to a hostile work environment due to the alleged incident, which he says amounted to harassment that left him “embarrassed, mortified and offended.”

“After a night out, plaintiff Stallion and three other women were riding in a SUV together,” Garcia’s lawyers write in the lawsuit, obtained by Billboard. “Suddenly, Stallion and one of the other women start having sex right beside plaintiff. Plaintiff could not get out of the car as it was both moving and he was in the middle of nowhere in a foreign country.”

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Garcia claims that the day after the incident — which allegedly occurred in June 2022 near Ibiza, Spain — Megan told him, “Don’t ever discuss what you saw.” He says she then “berated him” and made “fat-shaming comments” towards him.

In the months following the alleged incident, Garcia claims that Roc Nation switched him from a monthly rate to a per-assignment arrangement. He says he also “noticed a change in how he was treated and saw a decrease in the number of bookings he received from Stallion.” In June 2023, he claims he was told that he was told that “his services would no longer be required.”

Beyond the allegations of a hostile workplace, Garcia also claims that Megan and Roc Nation violated California wage-and-hour laws by failing to fully pay him for the “myriad” tasks he performed for the superstar as her personal cameraman: “More than once, Stallion interrupted plaintiff during dinner and demanded that he immediately shift his focus to assist with her TikTok creative ideas.”

Despite his status as an independent contractor, Garcia claims that Megan effectively treated him like an employee. He says she repeatedly told him explicitly that he was “not allowed to service any other client other than herself.”

Notably, Garcia is represented by the same attorneys (Neama Rahmani and Ronald Zambrano) who filed a high-profile hostile workplace case against Lizzo on behalf of three of her backup dancers. Like the new case, that earlier lawsuit also features allegations that employees were forced to watch sex acts in a European country during an overseas tour.

A rep for Megan and Roc Nation did not immediately return a request for comment on Tuesday.

Pandora is firing back at a lawsuit filed by the Mechanical Licensing Collective (the MLC) that claims the company has failed to properly pay streaming royalties, calling the case a “gross overreach” based on a “legally incoherent position.”
The MLC — the group created by Congress in 2018 to collect streaming royalties — filed the lawsuit earlier this year, accusing Pandora (a unit of SiriusXM) of misclassifying the nature of its streaming service to avoid paying the kind of higher royalties owed by “interactive” platforms like Spotify.

But in its first response to the case filed on Tuesday (April 16), Pandora calls the MLC’s lawsuit a “wild overreach” that “distorts the Pandora experience” — and one filed by an entity that is not even legally empowered to bring such cases.

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“The MLC … was intended to be a neutral intermediary charged with collecting and distributing royalties under the blanket license,” Pandora writes. “It is not authorized to play judge and jury over a streaming service’s legal compliance, nor was it created … to pursue legal frolics and detours such as this one.”

Pandora’s lawyers also say the lawsuit is based on a “a legally incoherent position” that has never been raised by the music companies for whom the MLC is collecting royalties: “The MLC seems to think it knows something the entire music industry does not.”

A rep for the MLC did not immediately return a request for comment.

At the heart of the lawsuit against Pandora is the distinction between “interactive” platforms like Spotify or Apple Music, which allow users to pick their songs on demand, and “noninteractive” platforms that provide an experience more like radio. It’s a key dividing line since interactive and noninteractive services pay very different royalties under different systems.

Though Pandora offers a premium tier with on-demand functionality, it has long treated Pandora Free — the core radio-like product that fueled the company’s rise in the late 2000s — as a noninteractive service, since it largely serves users a mix of songs based on their preferences.

But in a February lawsuit, the MLC argued that Pandora Free had crossed the line into “interactive” status by offering so-called “Sponsored Premium Access” sessions, which allow users to briefly play specific songs in return for watching ads. As a result, the MLC argued that Pandora owed the same kind of royalties for Pandora Free as services like YouTube or Spotify pay.

“Pandora provides even greater interactive access and functionality than these other ad-supported interactive streaming services,” the MLC wrote. “Despite the interactive functionality of Pandora Free, Pandora has failed to report in full Pandora Free usage to The MLC.”

In Tuesday’s response, Pandora’s lawyers argued that the MLC’s lawsuit “badly distorts reality” by making a “blatant mischaracterization of Pandora’s offerings.”

In their telling, the disputed “Sponsored Premium Access” sessions are merely brief previews of the company’s on-demand tier with “strict caps” on usage — not a wholesale feature that would “transform” Pandora Free “into an interactive service like Spotify or Apple Music.”

What’s more, Pandora says that feature was explicitly negotiated with music companies, who have never once objected to it or argued that it required Pandora to “fundamentally change its approach to licensing.”

“The MLC apparently thinks it knows better than the entire music publishing industry,” Pandora wrote. “Not only is the MLC operating far outside its administrative bounds, but it is also completely wrong on the law.”

Speaking with Billboard on Tuesday, George White, senior vp of music licensing at SiriusXM and Pandora, echoed the claims made by Pandora in the legal response.

“The lawsuit is really a gross overreach, especially when you consider that Pandora is such a well-known and well-established non-interactive music streaming service,” White said. “There are no checks and balances on the MLC. We believe that’s something, as part of the MLC redesignation, that the Copyright Office really needs to consider.”

White was alluding to the Copyright Office’s ongoing “redesignation process” of the MLC — a five-year check-up required by Music Modernization Act to ensure that the organization is functioning effectively. The first-ever redesignation started in January and is set to wrap up later this year.

Global Music Rights (GMR), the boutique U.S. performance rights organization (PRO) that represents Bruce Springsteen, Bruno Mars, Prince, Drake, Pharrell Williams, the John Lennon estate, the Eagles and others, has settled its copyright infringement lawsuit against the Vermont Broadcast Association (VBA) that was filed in January. According to Global Music Rights, which was founded by […]

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Russell Simmons was recently served in Bali and learned that he was the target of a defamation lawsuit from Drew Dixon, who has accused the mogul of sexual assault. Russell Simmons is asking that the lawsuit from Drew Dixon be dismissed because he never mentioned the music executive’s name in recent comments about the claims he’s facing.
Radar Online reports that Russell Simmons, 66, is angling to have Dixon’s defamation lawsuit tossed out after being served on March 5 while at the Gdas Bali Health And Wellness Resort.

From Radar Online:

Simmons has since argued that none of the “statements alleged in the Complaint are defamatory as a matter of law, because all the statements are opinion — not fact — and Plaintiff is not clearly identifiable in any of the statements” in a new court filing.
In her lawsuit, Dixon zeroed in on statements made by Simmons during a Dec. podcast interview in which he allegedly attempted to discredit rape accusations against him from six women.
Simmons was a guest on In Depth With Graham Besinger where he explained that he was never “forceful” in his relationships and that anything physical between another woman was consensual.
“If you had more foursomes than most guys at once, could someone leave and feel hurt? Could some reimagine a story out of thousands of people? Could someone want notoriety in the market where people thirst for fame, even infamous,” Simmons said.
Dixon’s legal team wrote that Simmons has, “gone on a concerted and malicious campaign to discredit Ms. Dixon and to so damage her reputation.”
Simmons maintains that he was speaking generally and not about anyone specific.

Photo: VALERIE MACON / Getty

Universal Music Group (UMG) is facing a lawsuit that claims a 1992 Mary J. Blige hit featured an unlicensed sample from a 1973 funk song that’s famous for being sampled in dozens of other tracks, including releases from Biggie and Tupac as well as a recent Doja Cat tune.
In a complaint filed Thursday (April 4) in Manhattan federal court, Tuff City Records accused Universal Music Publishing Group (UMPG) of copyright infringement over Blige’s “Real Love,” which spent 31 weeks on the Hot 100 in 1992 and reached a peak of No. 7 on the chart.

The allegedly-copied song? “Impeach the President” by the Honey Drippers — a legendary piece of hip-hop source material with a drum track that’s also been sampled or interpolated by Run-DMC, Dr. Dre and many others. Most recently, it was featured in Doja Cat’s 2023 track “Can’t Wait.”

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In the complaint, Tuff City’s attorneys say they have “advised defendant repeatedly of the presence of the uncleared sample” in “Real Love” but that Universal has done nothing about it.

“Defendant has repeatedly refused to engage plaintiff in substantive negotiations to rectify the foregoing, let alone agreed to compensate Plaintiff for the past infringement or on an ongoing basis,” wrote Tuff City’s attorney Hillel Parness in the complaint.

Blige herself is not named in the lawsuit nor accused of any wrongdoing.

In a bizarre wrinkle, Tuff City claims that UMG Recordings — a subsidiary of UMG and the owner of the master to “Real Love” — has already reached an agreement regarding the use of the uncleared sample on the sound recording. But they say the music giant’s publishing arm has refused to do the same as it relates to the underlying composition.

“Defendant’s refusal to cooperate with plaintiff is difficult to reconcile with the fact that plaintiff reached an agreement with UMG Recordings,” Tuff City’s attorneys write.

Tuff City, which owns a large catalog of old songs, is no stranger to copyright litigation. Over the past fifteen years, the company has sued over tracks by Jay-Z, Beastie Boys, Christina Aguilera, Frank Ocean and others, typically alleging that they featured unlicensed samples or interpolations.

That process has not always gone smoothly. In 2014, a judge dismissed a case over Jay-Z’s “Run This Town” on the grounds that any alleged sample was “barely perceptible” after multiple listens. In 2018, another judge ordered Tuff City to repay hundreds of thousands of dollars in legal fees spent by Beastie Boys defending a case that was “clearly without merit.”

The new case is also not the first time Tuff City has sued over “Impeach the President.” Way back in 1991, the company sued Sony Music and Def Jam over claims that producer Marley Marl had illegally sampled the track on LL Cool J tracks “Around the Way Girl” and “Six Minutes of Pleasure.”

At the time, the lawsuit was a novel legal attack on sampling, which had long been at the core of hip-hop but had rarely involved paying for licenses or seeking authorization. In a 1992 article, the New York Times warned that Tuff City’s lawsuit over “Impeach the President” could fundamentally change hip hop, forcing rappers and producers to clear every element used in their albums — a formidable idea at the time.

“A single rap album can include dozens of samples, from single drumbeats to full musical phrases,” the New York Times article reads. “Finding the copyright owners, negotiating fees or royalties and gaining legal clearance is time consuming and can add tens of thousands of dollars to the production costs.”

Tuff City’s case eventually settled on confidential terms, but it proved to be a sign of things to come. In the years since, federal courts have ruled that nearly any amount of sampling of sound recordings counts as copyright infringement. As a result, labels and artists today attempt to clear almost any direct sampling in their songs and will typically remove those elements if a deal can’t be reached.

Of course, Blige’s “Real Love” came out just months after Tuff City filed its case against LL Cool J, and well before such practices had become universal. It’s unclear why the company waited more than 30 years to sue over it, but copyright law has a so-called “rolling” statute of limitations that allows for such long-delayed actions.

A spokesman for UMG did not immediately return a request for comment.