Dead Kennedys v. Jello Biafra
Published: Sep. 16, 2000 | Result Date: May 22, 2000 | Filing Date: Jan. 1, 1900 |Case number: 998892 Verdict – $220,000
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
David M. Given
(Phillips, Erlewine, Given & Carlin LLP)
Defendant
Facts
The three former Dead Kennedys - guitarist East Bay Ray (Ray Pepperrell), bassist Klaus Flouride (Geoffrey Lyall) and drummer D.H. Peligro (Darren Henley), claimed that Biafra (Eric Reed Boucher) had underpaid the band's royalties. The group claimed that Biafra wrongfully exploited the band's old catalog through Alternative Tentacles despite a vote by the rest of the band revoking the label's right. They sought compensatory and punitive damages and an order from the court prohibiting Biafra from exploitating and controlling the band's old catalog. Biafra filed a cross-complaint, claiming that Pepperell wrongfully paid himself undisclosed commissions. The jury agreed with two of his cross-claims, finding Pepperell liable for fraud and breach of fiduciary duty and awarding Biafra $5,000. The jury found Biafra and his label, Alternative Tentacles Records, liable for breach of contract, breach of fiduciary duty and fraud, awarding $200,000 in compensatory damages and $20,000 in punitive damages to the band's former guitarist, drummer and bass player.
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