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Civil Procedure Keyed to Marcus
Ahern v. Scholz
Citation:
85 F.3d 774 (1st Cir. 1996)Facts
Paul Ahern was the former manager and producer of the rock band Boston, while Donald Thomas Scholz was the founder and leader of the band. Their relationship was governed by various contracts, including a 1975 agreement that entitled Ahern to royalties from Boston’s music. After the release of Boston’s third album in 1986, disputes arose regarding Ahern’s entitlement to royalties. In 1989, Ahern filed a breach of contract suit against Scholz, claiming royalties from the third album. A jury found in favor of Ahern in 1990, and this verdict was affirmed on appeal. In 1993, Ahern filed a second lawsuit against Scholz, this time alleging copyright infringement based on the same third album. Scholz moved for summary judgment on grounds of res judicata, arguing that the copyright claims should have been raised in the first lawsuit.
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