McGraw Wins Appeal Round
Curb filed an injunction, denied by Chancery Court Judge Russell Perkins, in an attempt to block McGraw from recording with another label after a dispute over whether the country superstar had fulfilled his Curb contract.
In denying the injunction, Perkins said Curb hadn’t shown it would suffer “irreparable harm” if McGraw recorded elsewhere. The appeals court agreed.
Appeals court judge Andy Bennett wrote, “Even though McGraw is undisputedly an entertainer offering unique and extraordinary services, the trial court did not err in finding that there was no irreparable harm, or in exercising its discretion to conclude that injunctive relief was not appropriate,” according to the Tennessean.
Curb responded the next day with a lengthy statement reiterating its dispute in the underlying case – whether McGraw breached his contract – and said that issue has yet to be decided.
“As to that fundamental issue, however, the Court of Appeals in its ruling yesterday reiterated the earlier sentiment expressed by the trial court that Curb Records has shown some likelihood of success on its breach of contract claims, and that Curb Records will be entitled to seek to recover compensatory damages from Mr. McGraw at the upcoming trial,” Curb said.
As to the appellate decision, “We respectfully disagree with the [the] ruling by the Court of Appeals on that issue, and we intend to continue to pursue this issue, including through the further appeals process as appropriate, in light of the significance of the underlying principles involved.”
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