Starland v. Fusari

2015 WL 1220218 (D.N.J. Mar. 17, 2015)

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Nature of the Case

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Facts

P and D made an agreement that if P would find, and both Parties would develop, a specific musical artist (the 'Strokes Girl') they would share in the profits 50/50. The search eventually resulted in the discovery and signing of Lady Gaga. D never paid P as promised under the agreement. P sued D. P stated D's offer relevant to their contract was the following: 'You know, Wendy, I am looking for a girl under the age of 25 who could be the female equivalent to the lead singer of The Strokes, somebody who is edgy and bold and confident and charismatic, and somebody most importantly that you can't take your eyes off of. And if you find this person and deliver her to me, then I would approve her. If I approve her, I will sign her to my production company. When I sign her to my production company, we will develop her together. We will write songs for her, produce the album, and then shop it around to all of the, you know, use my team to shop it around to all of the record labels and publishing companies to see if we can get her a deal. And if we can get her a deal, any revenues that result from that artist's project will be split 50/50 between us. And in the meantime, we will write songs for her, you know, and we will have a lot of songs ready for her for when you hopefully find her.' After a jury trial held in November 2014, the jury returned a verdict in favor of P on both causes of action and for the full amount that P sought in damages ($7,340,696.50). D moved for judgment as a matter of law claiming there was no legally sufficient evidentiary basis for the jury to find: 1) a meeting of the minds (and therefore a breach of contract); 2) certain items of damages; and 3) a joint venture and causation related to P's breach of fiduciary duty claim.