Published Apr 20, 2010Veteran singer-songwriter Carly Simon made the mistake of signing with Starbucks' fledgling Hear Music imprint to release her 2008 album This Kind of Love, which went on to sell a paltry 124,000 copies. Hoping to retire off the profits, Simon was pretty pissed about the poor performance and announced that she'd be taking the caffeine pushers to court. However, it must've been free lattes for all at Starbucks head office this week, as a judge has dismissed the case against the company.
According to a report from WENN, a judge decided that the album's poor sales were not Starbucks' fault.
Attempting to sue for $5 to $10 million, Simon accused Starbucks of "torturous interference" with the contract and "unlawful, unfair and fraudulent business practices," saying that the company intentionally scaled back their Hear Music label days after signing her. Los Angeles Judge George Wu decided that this wasn't a fair assessment, arguing that Starbucks was not obligated to share its business plans.
Wu continued by pointing out that Hear Music's record deal didn't include any promises to market or distribute the album. If Simon could prove that she was misled in negotiations, their might be a case. Failing to do so, Wu concluded that "The Court views this as a problem of proof and not a problem of pleading."
Simon has been given until Wednesday (April 21) to adjust her legal complaint and make a case against the company. We're guessing that she's currently mulling it over with a piping hot caramel macchiato.