Court revives copyright lawsuit against singer Frankie Valli
National News
A federal appeals court on Tuesday revived a copyright lawsuit against Frankie Valli and fellow "Four Seasons" band member Robert Gaudio over "Jersey Boys," the popular musical about the band.
Donna Corbello sued Valli and Gaudio in 2011 for copyright infringement, claiming the musical was based in part on an unpublished autobiography of "Four Seasons" band member Thomas DeVito that her late husband ghost-wrote. She said she deserved to share in the profits from the musical's success.
The 9th U.S. Circuit Court of Appeals overturned a lower court ruling in favor of Valli and Gaudio and sent the case back down for further proceedings. The court said there was contradictory evidence about whether Valli and Gaudio executed an agreement with DeVito to produce the play in time to avoid termination of their ownership rights.
Daniel Mayeda, an attorney for Valli and Gaudio, said he was disappointed in the ruling, but he had not yet decided whether he would appeal.
Corbello is also suing DeVito. The 9th Circuit ruled that DeVito had transferred his copyright in the autobiography to Valli and Gaudio, and therefore had to account to Corbello for any profits he obtained from it.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.