‘Real Housewives’ Kim Zolciak Claims Victory Over Kandi Burruss’ ‘Tardy to the Party’ Lawsuit

'Real Housewives' Kim Zolciak Claims Victory Over Kandi Burruss' 'Tardy to the Party' Lawsuit


The Bravo star has won in a suit brought on by her former castmate over payments for the dance single

Bravo star Kim Zolciak is celebrating a win in court over her former “Real Housewives of Atlanta” cast member Kandi Burruss (as well as attorney and cast member Phaedra Parks, who represented her).

On Saturday, Zolciak took to Twitter to express her happiness over winning the case brought on by Burruss for copyright infringement and unpaid compensation for her work on the 2009 song, “Tardy to the Party.”

“The truth always prevails,” Zolciak wrote to her more than 744,000 followers on Twitter.

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Later, she presumably wrote more about the win on Twitter: “Revenge can be bitter sweet but if you sit back and watch karma it can be pure entertainment”

United States District Judge, William S. Duffey, Jr., handed down the following judgment, according to court documents obtained by TheWrap:

“It is Ordered and Adjudged that the plaintiff take nothing, and the action be, and the same hereby, is dismissed without prejudice.”

In the lawsuit filed in March in United States District Court in the Northern District of Georgia, Burruss and co-writer Rodney Richards asked for damages stemming from copyright infringement on Zolciak's part.

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According to court papers, Judge Duffey found that Burruss didn't sufficiently prove copyright infringement and that he didn't have the jurisdiction to rule on damages:

“Despite Plaintiffs’ conclusory claim that Zolciak violated some copyright or other intellectual property interest that Plaintiffs assert they had in the Sound Recording, Plaintiffs concede that Zolciak is a co-owner of the Sound Recording, and that she had a right to release it for commercial sale without Plaintiffs'consent.”

“The Court concludes it does not have jurisdiction over Plaintiffs’ unjust enrichment, accounting and constructive trust claims based upon the sales of the Sound Recording, and these claims are required to be dismissed.”

While claiming to have co-written and produced the song, which was captured on “The Real Housewives of Atlanta,” Burruss reportedly was only paid $4,000 for her work and didn't have a royalty agreement in place. The dance single ultimately sold 102,000 copies, according to the suit.

In response, Zolciak filed for a dismissal of the lawsuit and accused Burruss of filing it for publicity.

Also read: ‘Real Housewives’ Lisa Vanderpump's Husband Files Lawsuit: I Was Attacked With a Concrete Chipper!

Last season, Zolciak left “The Real Housewives of Atlanta,” but continues to star on the Bravo spinoff, “Don't Be Tardy.” Burruss returned for the show's sixth season, which returns to the cable network on Sunday, Nov. 3 at 8/7c.

Pamela Chelin contributed to this report. TMZ first reported the decision.


    Ok Kim won that battle. Kandi you have more money than she does. Just leave her alone.

  • Alexandra

    Kim knows that Kandi wrote the song for her despite the fact she is not a singer, cannot carry a tune and would never have had the experience if not for her friend. Kim is trash and money was more important than friendship. Kroy….you could have done better.

  • Torrie

    ok so i dont know id ppl remember but neither ladys wrote the song. in one of the season when and i forgot which one it was the season that Nene was makeing fun of the song well Kim acutally got the song from a man. if anyone should be paid hell it should be him.

  • Mena

    Kim is unbelievable….She took that money and did not make sure she covered her friend who wrote the song to encourage her. Everyone called her dumb and Kandi believed in her and said you can do it. She really was not a friend in my eyes…it should not boil down to contracts, etc. I would have made sure I talked to her and settled things up before popping checks and spending the cash…She did not write it, create, and or have equipment, or staff…that was all Kandi…She should sale some of big poppas furniture and pay her and square things up…

  • Sinds

    I am no Kim fan but in this instance Kandi was being vindictive and mean spirited with that evil grin she has plastered across her face…

    Like her stupid Attorney Phaketra (funny that witch also lost another courtcase for another dumb housewife,)
    How stupid would you have to be to use that dumb puppy as your Attorney).
    So Kandi deserved to lose all around- friends dont turn on each other and start sueing ….you wrote the song and practically handed it over all the while not expecting it to do very well because the dumb bunny kim cannot sing…..well too bad for you …. Now you are too late in cashing in…… Next time you wont be rolling your eyes and making faces at the outsider in the studio.

  • Lala

    Glad Kim got to see karma work on that racist bitch. All those black women on that show are racist and so hateful. Total cunts. And not so smart either.