Judge Dismisses Class Action Lawsuit Over 2008 Universal Music Fire
Only Tom Petty’s widow had remained as a plaintiff in suit that previously included Soundgarden, Tupac and Hole
Brian Welk | April 7, 2020 @ 9:39 AM
Last Updated: April 7, 2020 @ 12:32 PM
David McNew/Getty Images
The class action lawsuit against Universal Music Group over a 2008 fire that destroyed an undetermined number of master recordings from artists such as Nirvana, Elton John, Sonic Youth and more was dismissed Monday, according to court documents obtained by TheWrap.
Artists such as Soundgarden, Steve Earle, Tupac Shakur, Hole and Tom Petty had been involved in the class action lawsuit against UMG, but all but Petty’s widow Jane Petty representing the rock star’s estate had pulled out of the lawsuit in recent months.
Judge John A. Kronstadt of the United States District Court in Los Angeles dismissed Jane Petty’s claims, saying in his ruling that Tom Petty’s former record label MCA owned the rights to his original recordings and that she could not sue under a claim of “bailment.” The judge also dismissed the case “without prejudice,” meaning Jane Petty could refile.
“Judge Kronstadt’s decision fully dismisses the Soundgarden litigation and entirely rejects the only remaining plaintiff’s arguments,” a spokesperson for UMG said in a statement to TheWrap. “As we have said all along, the New York Times Magazine articles at the root of this litigation were stunning in their overstatement and inaccuracy. As always, we remain focused on partnering with artists to release the world’s greatest music.”
The lawsuit came about following a 2019 New York Times article that estimated some half a million masters were lost in the fire, including work by Nirvana, Elton John and Sonic Youth confirmed among the losses. UMG however has disputed the total amount of lost masters and damage.
While UMG confirms that assets were lost in the fire, its continued focus is evaluating what was and wasn’t lost. The New York Times estimates assets from “hundreds more artists,” including Dr. Martin Luther King, were affected by the blaze.
In a statement reporting Monday’s filing, Jake Silverstein, the editor of the Times Magazine, defended the paper’s reporting.
“We stand by Jody Rosen’s reporting. This ruling does not refute or question the veracity of what we reported: that, contrary to UMG’s continued effort to downplay the event, thousands of recordings were lost in the 2008 fire,” Silverstein said.
Last month, lawyers for Soundgarden and Tupac Shakur pulled out of the lawsuit, as did Steve Earle at a later date. The band Hole was removed from the lawsuit in August after it was determined none of the band’s masters were damaged.
Petty’s widow was suing for breach of contract — revenue sharing, breach of contract — bailment, negligence, reckless conduct, conversion and misrepresentation by omission. Her lawyers claim the warehouse the masters (the original source from which all copies are produced) was a “firetrap.” The suit also said the plaintiffs are entitled to a percentage of the substantial funds UMG recovered from its insurance claims after the fire.
Pamela Chelin contributed to this report.
All 60 Grammy Best New Artist Winners, From The Beatles to Adele to Milli Vanilli (Photos)
The Grammys have honored some major stars early in their careers -- and also some head-scratchers (Debby Boone over Andy Gibb and Foreigner?)
1960: Bobby Darin • Also nominated: Edd Byrnes; Johnny Restivo; Mark Murphy; Mavis Rivers
A smart choice of future Rock and Roll Hall of Famer behind such hits as "Splish Splash" and "Mack the Knife."
1961: Bob Newhart • Also nominated: Joanie Sommers; Leontyne Price; Miriam Makeba; The Brothers Four
The three-time Grammy-winning comedian went on to become a huge TV star.
1962: Peter Nero • Also nominated: Ann-Margret; Dick Gregory; The Lettermen; Timi Yuro
The pianist and pops conductor had a long and distinguished career.
1963: Robert Goulet • Also nominated: Allan Sherman; Peter, Paul and Mary; The Four Seasons; The New Christy Minstrels; Vaughn Meader
How could Grammy voters pass over Frankie Valli's The Four Seaons or the folk legends Peter, Paul and Mary?
1964: The Swingle Singers • Also nominated: John Gary; Trini Lopez; The J's with Jamie; Vikki Carr
The classical chorus wins over singer-guitarist Trini Lopez? Um, OK.
1965: The Beatles • Also nominated: The Beatles Antonio Carlos Jobim; Astrud Gilberto; Morgana King; Petula Clark
Yeah, we've heard of these guys.
1966: Tom Jones • Also nominated: Glenn Yarbrough; Herman's Hermits; Horst Jankowski; Marilyn Maye; Sonny & Cher; The Byrds
The Welsh singer seemed old-fashioned even at the time -- especially compared to the Byrds.
1968: Bobbie Gentry • Also nominated: Harpers Bizarre; Jefferson Airplane; Lana Cantrell; The 5th Dimension
(No award given in 1967.) The country star was one of the genre's first to write her own material.
1969: José Feliciano • Also nominated: Cream; Gary Puckett & The Union Gap; Jeannie C. Riley; O. C. Smith
Feliz Navidad!
1970: Crosby, Stills & Nash • Also nominated: Chicago; Led Zeppelin; Oliver; The Neon Philharmonic
1971: The Carpenters • Also nominated: Anne Murray; Elton John; Melba Moore; The Partridge Family
Poor Elton. At least the Partridge Family didn't win.
1972: Carly Simon • Also nominated: Bill Withers; Chase; Emerson, Lake & Palmer; Hamilton, Joe Frank & Reynolds
1973: America • Also nominated: Eagles; Harry Chapin; John Prine; Loggins and Messina
The Eagles were robbed!
1974: Bette Midler • Also nominated: Barry White; Eumir Deodato; Marie Osmond; Maureen McGovern
Bette over Barry White? Interesting...
1975: Marvin Hamlisch • Also nominated: Bad Company; David Essex; Graham Central Station; Johnny Bristol; Phoebe Snow
Another old-fashioned choice.
1976: Natalie Cole • Also nominated: Amazing Rhythm Aces; Brecker Brothers; KC and the Sunshine Band; Morris Albert
Unforgettable.
1977: Starland Vocal Band • Also nominated: Boston; Dr. Buzzard's Original Savannah Band; The Brothers Johnson; Wild Cherry
Who?
1978: Debby Boone • Also nominated: Andy Gibb; Foreigner; Shaun Cassidy; Stephen Bishop
Another boring, safe choice that snubs legends like Gibb and Foreigner. Doesn't feel like the first time the Grammys have gone the wrong way.
1979: A Taste of Honey • Also nominated: Chris Rea; Elvis Costello; The Cars; Toto
Really?! You pass over Elvis Costello and The Cars for the "Boogie Oogie Oogie" duo?
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1980: Rickie Lee Jones • Also nominated: Dire Straits; Robin Williams; The Blues Brothers; The Knack
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1981: Christopher Cross • Also nominated: Amy Holland; Irene Cara; Robbie Dupree; The Pretenders
The "Sailing" guy bests the Pretenders? Take me away.
1982: Sheena Easton • Also nominated: Adam and the Ants; James Ingram; Luther Vandross; The Go-Go's
Love Sheena, but Luther and the G0-Gos made a bigger impact.
1983: Men at Work • Also nominated: Asia; Jennifer Holliday; Stray Cats; The Human League
1984: Culture Club • Also nominated: Big Country; Eurythmics; Men Without Hats; Musical Youth
Boy George vs. Annie Lennox.
1985: Cyndi Lauper • Also nominated: Corey Hart; Frankie Goes to Hollywood; Sheila E.; The Judds
The Grammys got this one right.
1986: Sade • Also nominated: A-ha; Freddie Jackson; Katrina and the Waves; Julian Lennon
1987: Bruce Hornsby and the Range • Also nominated: Glass Tiger; Nu Shooz; Simply Red; Timbuk3
1988: Jody Watley • Also nominated: Breakfast Club; Cutting Crew; Terence Trent D'Arby; Swing Out Sister
1989: Tracy Chapman • Also nominated: Rick Astley; Take 6; Toni Childs; Vanessa L. Williams
At least the Grammys didn't Rick-roll Tracy Chapman.
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1990: [Milli Vanilli] • Also nomianted: Indigo Girls; Neneh Cherry; Soul II Soul; Tone Lōc
Granted, the Grammys rescinded the award after the pop duo Milli Vanilli were exposed as lip-syncers of other vocalists. But the fact that they beat great artists like Indigo Girls and Tone Lōc in the first place is embarrassing.
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1991: Mariah Carey • Also nominated: Lisa Stansfield; The Black Crowes; The Kentucky Headhunters; Wilson Phillips
One year after the Milli Vanilli debacle, Grammy voters got it right.
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1992: Marc Cohn • Also nominated: Boyz II Men; C+C Music Factory; Color Me Badd; Seal
Another vanilla choice in a year in which Boys II Men and Seal were both contenders.
1993: Arrested Development • Also nominated: Billy Ray Cyrus; Jon Secada; Kris Kross; Sophie B. Hawkins
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1994: Toni Braxton • Also nominated: Belly; Blind Melon; Digable Planets; SWV
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1995: Sheryl Crow • Also nominated: Ace of Base; Counting Crows; Crash Test Dummies; Green Day
Green Day gets no love.
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1996: Hootie & the Blowfish • Also nominated: Alanis Morissette; Brandy; Joan Osborne; Shania Twain
Guess Darius Rucker's band name didn't effectively warn Grammy voters that it would not withstand the test of time.
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1997: LeAnn Rimes • Also nominated: Garbage; Jewel; No Doubt; The Tony Rich Project
1998: Paula Cole • Also nominated: Erykah Badu; Fiona Apple; Hanson; Puff Daddy
I don't wanna wait... for my career to be outshone.
1999: Lauryn Hill • Also nominated: Andrea Bocelli; Backstreet Boys; Dixie Chicks; Natalie Imbruglia
What a really strong year for new artists.
2000: Christina Aguilera • Also nominated: Britney Spears; Kid Rock; Macy Gray; Susan Tedeschi
Xtina beat Britney!?
2001: Shelby Lynne • Also nominated: Brad Paisley; Jill Scott; Papa Roach; Sisqó
Lynne wins on her sixth studio album -- and beats future country superstar Brad Paisley?
2002: Alicia Keys • Also nominated: David Gray; India.Arie; Linkin Park; Nelly Furtado
2003: Norah Jones • Also nominated: Ashanti; Avril Lavigne; John Mayer; Michelle Branch
Whatever happened to Norah Jones?
2004: Evanescence • Also nominated: 50 Cent; Fountains of Wayne; Heather Headley; Sean Paul
2005: Maroon 5 • Also nominated: Gretchen; Wilson; Los Lonely Boys; Joss Stone; Kanye West
It's a wonder Yeezy didn't storm the stage to demand a recount.
2006: John Legend • Also nominated: Ciara; Fall Out Boy; Keane; Sugarland
2007: Carrie Underwood • Also nominated: Chris Brown; Corinne Bailey Rae; Imogen Heap; James Blunt
2008: Amy Winehouse • Also nominated: Feist; Ledisi; Paramore; Taylor Swift
Sorry, TSwift. Hard to argue with this choice of a gone-too-soon legend.
2009: Adele • Also nominated: Duffy, Jonas Brothers, Jazmine Sullivan, Lady Antebellum
2010:Zac Brown Band • Also nominated: Keri Hilson, MGMT, Silversun Pickups, The Ting Tings
2011: Esperanza Spalding • Also nominated: Drake, Florence and the Machine, Justin Bieber, Mumford & Sons
Another head-scratcher.
2012: Bon Iver • Also nominated: J. Cole, Nicki Minaj, Skrillex, The Band Perry
2013:Fun • Also nominated: Alabama Shakes, Hunter Hayes, Frank Ocean, The Lumineers
Does anyone even remember Fun?
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2014:Macklemore & Ryan Lewis • Also nominated: Ed Sheeran, James Blake, Kacey Musgraves, Kendrick Lamar
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2015:Sam Smith • Also nominated: Bastille, Brandy Clark, Haim, Iggy Azalea
2016:Meghan Trainor • Also nominated: Courtney Barnett, James Bay, Tori Kelly, Sam Hunt
2017: Chance the Rapper • Also nominated: Kelsea Ballerini, The Chainsmokers, Maren Morris, Anderson Paak
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2018: Alessia Cara • Also nominated: Khalid; Lil Uzi Vert; Julia Michaels; SZA
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2019: Dua Lipa • Also nominated: Chloe x Halle; Luke Combs; Greta Van Fleet; H.E.R.; Margo Price; Bebe Rexha; Jorja Smith
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2020:Billie Eilish • Also nominated: Black Pumas; Lil Nas X; Lizzo; Maggie Rogers; Rosalía; Tank and the Bangas; Yola
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The Grammys have honored some major stars early in their careers — and also some head-scratchers (Fun over Frank Ocean and the Lumineers?)
The Grammys have honored some major stars early in their careers -- and also some head-scratchers (Debby Boone over Andy Gibb and Foreigner?)