Hey! Ho! Let’s Sue!

From 1983 to 1987, Richard Reinhardt was a drummer for the legendary New York City punk rock band, The Ramones. As was the band’s custom, he took the last name “Ramone” and, with that, the stage name “Ritchie Ramone.” Reinhardt left the band in 1987 on acrimonious terms, and appears to have been embroiled in legal battles for royalties ever since.

Reinhardt commenced a lawsuit in New York County against, among others, the trust of another band member, the band’s production company and the band’s ex-manager. Reinhardt seeks to recover royalties he claims are due to him from The Ramones record sales. The defendants moved to dismiss Reinhardt’s complaint, which the trial court (Solomon, J.) recently granted on all counts except his breach of contract claim against one of the defendants (subscription required).

Reinhardt argued that he only received a fraction of the royalties he was owed for composing a few hit songs during his tenure with the Ramones. The court noted that Reinhardt accepted the $32,500 settlement offer which covered 2002 royalties. Reinhardt executed a release for all claims up to and including June 30, 2001. In connection with the settlement agreement, Reinhardt’s suit alleged breach of contract and breach of fiduciary duties, and alleged fraud and negligent misrepresentation by the ex-manager, and others. The court stated that, while Reinhardt “insinuated he agreed to the 2002 settlement under sinister circumstances,” the facts alleged did not make out a claim for fraud or negligent misrepresentation. It also denied the breach of fiduciary claim, yet permitted a limited breach of contract claim to proceed against Ramones Productions – because discovery was warranted concerning a the amount of revenue Ramones Productions received that may be payable to Reinhardt.

Reinhardt v. John Family Trust of 1997, 601064/04 (Sup. Ct. N.Y. County Sept. 30, 2008).

[Meredith R. Miller]